Home/Case Law/LIZABETH RUIZ vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND (SIBTF)
Regular DecisionReconsideration

LIZABETH RUIZ vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND (SIBTF)

Filed: Dec 10, 2012
San Francisco
ADJ3447817 (SJO 0260464)

CompFox AI Summary

This case concerns Lizabeth Ruiz's petition for reconsideration of the denial of Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. Ruiz argued she had a pre-existing "labor disabling" psychiatric condition prior to her subsequent industrial injury. The Board affirmed its prior decision, holding that Ruiz failed to meet her burden of proof to establish that her pre-existing condition was labor-disabling and compensable at the time of the subsequent injury. The Board reiterated that retroactive medical evaluations are insufficient without contemporaneous evidence of such disability, and denied the petition to reopen the record.

Full Decision Text1 Pages

This case concerns Lizabeth Ruiz's petition for reconsideration of the denial of Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. Ruiz argued she had a pre-existing "labor disabling" psychiatric condition prior to her subsequent industrial injury. The Board affirmed its prior decision, holding that Ruiz failed to meet her burden of proof to establish that her pre-existing condition was labor-disabling and compensable at the time of the subsequent injury. The Board reiterated that retroactive medical evaluations are insufficient without contemporaneous evidence of such disability, and denied the petition to reopen the record.

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LIZABETH RUIZ vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND (SIBTF) (2012) – San Francisco | CompFox