Home/Case Law/JUAN MONDRAGON vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND
Regular DecisionReconsideration

JUAN MONDRAGON vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

Filed: Dec 16, 2019
ADJ4673316 (OAK 0337538)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and remanded for further proceedings, primarily due to the WCJ's failure to adequately document the issues in controversy. The Board clarified that for Subsequent Injuries Benefits Trust Fund (SIBTF) claims, pre-existing and subsequent disabilities should be added together, not combined using the Combined Values Chart, citing Bookout. The Board also noted that the issue of commuting attorney's fees in SIBTF cases was not disputed and would be amended accordingly.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and remanded for further proceedings, primarily due to the WCJ's failure to adequately document the issues in controversy. The Board clarified that for Subsequent Injuries Benefits Trust Fund (SIBTF) claims, pre-existing and subsequent disabilities should be added together, not combined using the Combined Values Chart, citing Bookout. The Board also noted that the issue of commuting attorney's fees in SIBTF cases was not disputed and would be amended accordingly.

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JUAN MONDRAGON vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND (2019) – | CompFox