Home/Case Law/MIGUEL ANGEL CRUZ vs. EARL CLARK, FARMERS INSURANCE EXCHANGE, SUBSEQUENT INJURIES BENEFITS TRUST FUND
Regular DecisionReconsideration

MIGUEL ANGEL CRUZ vs. EARL CLARK, FARMERS INSURANCE EXCHANGE, SUBSEQUENT INJURIES BENEFITS TRUST FUND

Filed: Mar 05, 2008
San Francisco
GOL 0096107

CompFox AI Summary

This case concerns Miguel Angel Cruz's petition for reconsideration of a denial of Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. The Workers' Compensation Appeals Board affirmed the denial, finding no evidence that Mr. Cruz's pre-existing degenerative spinal condition was "labor disabling" prior to his industrial injury. Crucially, the Board held that a retroactive prophylactic work restriction by a physician after the injury does not establish a pre-existing labor-disabling condition for SIBTF eligibility.

Full Decision Text1 Pages

This case concerns Miguel Angel Cruz's petition for reconsideration of a denial of Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. The Workers' Compensation Appeals Board affirmed the denial, finding no evidence that Mr. Cruz's pre-existing degenerative spinal condition was "labor disabling" prior to his industrial injury. Crucially, the Board held that a retroactive prophylactic work restriction by a physician after the injury does not establish a pre-existing labor-disabling condition for SIBTF eligibility.

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