Home/Case Law/ROBERTO HERNANDEZ vs. MILL VALLEY SCHOOL DISTRICT, SUBSEQUENT INJURIES BENEFITS TRUST FUND
Regular DecisionReconsideration

ROBERTO HERNANDEZ vs. MILL VALLEY SCHOOL DISTRICT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

Filed: Nov 14, 2012
ADJ3953602 (SRO 0260827) ADJ2646453 (SRO 0133845)

CompFox AI Summary

The Subsequent Injuries Benefits Trust Fund (SIBTF) seeks reconsideration of an award finding the applicant totally permanently disabled due to industrial injuries sustained in 2004. The WCJ found the combined injuries greater than 70% and the second injury itself greater than 35%, entitling the applicant to SIBTF benefits. SIBTF argues the applicant's disability is solely due to the subsequent injury, thus disqualifying them from SIBTF benefits. The Appeals Board granted reconsideration to review the admissibility of two vocational reports and deposition transcripts, Exhibits M and N, which were previously marked for identification only. The Board intends to receive these documents into evidence unless timely objections are filed.

Full Decision Text1 Pages

The Subsequent Injuries Benefits Trust Fund (SIBTF) seeks reconsideration of an award finding the applicant totally permanently disabled due to industrial injuries sustained in 2004. The WCJ found the combined injuries greater than 70% and the second injury itself greater than 35%, entitling the applicant to SIBTF benefits. SIBTF argues the applicant's disability is solely due to the subsequent injury, thus disqualifying them from SIBTF benefits. The Appeals Board granted reconsideration to review the admissibility of two vocational reports and deposition transcripts, Exhibits M and N, which were previously marked for identification only. The Board intends to receive these documents into evidence unless timely objections are filed.

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