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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ9027080, ADJ7299336, ADJ8027597

Regular

Jun 10, 2025

JAMES HUNTER vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

Applicant James Hunter sought reconsideration of a Findings and Order that found him ineligible for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. The Workers' Compensation Appeals Board (WCAB) adopted the WCJ's Report and Recommendation, affirming that Hunter's September 30, 2010 subsequent lumbar spine injury, settled at 10% permanent disability, did not meet the 35% SIBTF eligibility threshold. The WCAB denied reconsideration, upholding the WCJ's reliance on the Agreed Medical Evaluator's reports over applicant's attempt to re-characterize the injury as a cumulative trauma.

Subsequent Injuries Benefits Trust FundSIBTFPetition for ReconsiderationFindings and OrderWCJLabor Code section 5909EAMSApportionmentPermanent DisabilityAgreed Medical Evaluator

References

Case No. ADJ10499724

Regular

Mar 07, 2025

Victoria Lee vs. Subsequent Injuries Benefits Trust Fund

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a December 4, 2024 Findings and Order, arguing that the WCJ incorrectly failed to apportion the industrial injury to preexisting disability when determining if Victoria Lee met the 35% permanent disability eligibility threshold for SIBTF benefits. The Appeals Board denied the petition, adopting the WCJ's Report and Recommendation. The Board reiterated that, based on prior case law, including Bookout v. Workers' Comp. Appeals Bd. and subsequent panel decisions, apportionment is excluded when calculating whether an applicant meets the 35% threshold for SIBTF benefits under Labor Code Section 4751.

Subsequent Injuries Benefits Trust FundReconsiderationPermanent DisabilityApportionmentThresholdLabor Code Section 4751BookoutToddAnguianoHeigh

References

Case No. ADJ8083715

Regular

Sep 15, 2025

KAREN WHISNANT vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration to address whether apportionment applies when calculating the subsequent permanent disability threshold for SIBTF benefits. Applicant Karen Whisnant's eligibility for SIBTF benefits hinged on this interpretation, with the WCJ initially finding her eligible based on a 42% disability without apportionment. The Board affirmed the WCJ's April 5, 2022 Findings of Fact but clarified that apportionment is not considered when determining the 5% or 35% SIBTF eligibility threshold, citing precedents like Bookout v. Workers' Comp. Appeals Bd. Consequently, the Board's decision ensures that the applicant's subsequent injury rating of 42% (unapportioned) qualifies her for benefits.

Subsequent Injuries Benefits Trust FundSIBTFpermanent disabilityapportionmentLabor Code section 4751eligibility thresholdWCJreconsiderationFindings of FactBookout

References

Case No. ADJ12660754

Regular

Apr 04, 2025

NANCY ARNOLD vs. SUBEQUENT INJURIES BENEFITS TRUST FUND, et. al.

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a WCJ's F&A finding the applicant entitled to SIBTF benefits for 100% permanent total disability. SIBTF contended errors regarding findings on prior/subsequent disabilities, psychiatric disability compensability, and the method of combining disabilities. The Appeals Board granted reconsideration, rescinded the F&A, and remanded the case for further proceedings. The trial level must now address the compensability of psyche injury and permanent disability, and the correct application of the Combined Values Chart.

Subsequent Injuries Benefits Trust FundSIBTFpermanent total disabilityprior disabilitysubsequent industrial disabilitypsychiatric disabilitycompensabilityLabor Code section 4660.1Combined Values ChartCVC

References

Case No. ADJ4219530 (SJO 0221066)

Regular

May 10, 2010

Dawn May vs. West Valley/Mission College, California Insurance Guarantee Association for Fremont Compensation Insurance in liquidation, Subsequent Injuries Benefits Trust Fund

The applicant sought reconsideration of a WCJ's finding that her claim for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits was untimely. The WCJ based this on the applicant's knowledge of potential SIBTF liability by July 2004 and her filing in December 2008. The Appeals Board granted reconsideration, finding the claim was filed within a "reasonable time" as per *Talcott*. The Board determined that an award of permanent disability had not issued before the applicant filed her SIBTF claim and found no prejudice to the SIBTF, thus rescinding the WCJ's order.

Subsequent Injuries Benefits Trust FundSIBTFTalcottBacareasonable timesubstantial likelihoodpermanent disabilitydate of injurycausationapportionment

References

Case No. ADJ7475146

En Banc

Jun 23, 2020

Richard Todd vs. Subsequent Injuries Benefits Trust Fund

The Appeals Board affirmed the WCJ's decision, holding that under Labor Code section 4751, prior and subsequent permanent disabilities must be added (not combined via the CVC) to determine the 'combined permanent disability' for which the Subsequent Injuries Benefits Trust Fund (SIBTF) is liable.

SIBTFSubsequent Injuries Benefits Trust Funden banc100% permanent disabilityCombined Values ChartCVCprior and subsequent permanent disabilitiessection 4751section 4753cumulative trauma injury

References

Case No. ADJ7475146

Significant

Jun 23, 2020

Richard Todd, Applicant vs. Subsequent Injuries Benefits Trust Fund

The Appeals Board, in an en banc decision, held that when determining the combined permanent disability for Subsequent Injuries Benefits Trust Fund (SIBTF) liability under Labor Code section 4751, prior and subsequent permanent disabilities are to be added to the extent they do not overlap, rather than combined using the Combined Values Chart (CVC).

SIBTFSubsequent Injuries Benefits Trust Funden bancSection 4751permanent disabilitycombined permanent disabilityprior disabilitysubsequent injuryadditionoverlap

References

Case No. ADJ8361032

Regular

Sep 04, 2019

CAROL WORKMAN vs. ST. THERESA/ST. JOSEPH SCHOOL

This case concerns Carol Workman's claim for benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF) due to bilateral shoulder injuries. The Workers' Compensation Appeals Board (WCAB) overturned a prior decision and found Workman entitled to SIBTF benefits. This was based on evidence showing her current work-related shoulder injuries, when combined with prior non-industrial and industrial shoulder issues, met the statutory threshold for SIBTF eligibility. The Board found that the cumulative injury to her shoulders resulted in at least 5% permanent disability before adjustments, satisfying the requirement for SIBTF benefits.

SIBTFSubsequent Injuries Benefits Trust Fundwhole person impairmentcumulative traumaacromegalybilateral shouldersrange of motionmotor deficitapportionmentdiminished future earning capacity

References

Case No. ADJ3135090 (SAC 0355157) ADJ6834808

Regular

Sep 12, 2019

GUY LEE vs. UOP/MCGEORGE SCHOOL OF LAW, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board affirmed the WCJ's decision denying benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). Applicant's prior stipulation dismissing claims for sleep disturbance, sexual dysfunction, and psychiatric injury bound him from pursuing these for SIBTF benefits. Even without those dismissals, applicant's permanent disability rating for the subsequent injury, after adjustments, did not meet the 35% threshold required for SIBTF eligibility. The WCJ's finding that the industrial injury was not the predominant cause of the claimed psychiatric injury also contributed to the denial.

Subsequent Injuries Benefits Trust FundLabor Code section 4751permanent partial disabilitystipulated dismissalpredominant causepsychiatric injurybilateral carpal tunneldiminished future earning capacityWCJWorkers' Compensation Appeals Board

References

Case No. ADJ488924 (SDO 0329999), ADJ226519 (SDO 0302236), ADJ2353553 (SDO 0250184), ADJ4021935 (SDO 0269434)

Regular

Dec 10, 2020

Craig Stevens vs. Subsequent Injuries Benefits Trust Fund

The Workers' Compensation Appeals Board (WCAB) rescinded a previous order denying benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). Applicant Craig Stevens sought SIBTF benefits for a claimed subsequent cumulative trauma injury to his neck ending April 2, 2009, with a compensable consequence injury to his right shoulder and low back. The WCAB found the medical evidence regarding the causation, date of injury, and permanent disability ratings for the alleged subsequent injuries, as well as prior injuries, to be insufficient and inconsistent. The case was returned to the trial level for further development of the record, including obtaining new medical opinions to clarify the various injuries and establish SIBTF eligibility thresholds.

Subsequent Injuries Benefits Trust FundSIBTF eligibilitycumulative trauma injurycompensable consequence injurypermanent disabilityapportionmentmedical evidencecausationfurther development of the recordLabor Code section 4751

References

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Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ9027080, ADJ7299336, ADJ8027597

Regular

Jun 10, 2025

JAMES HUNTER vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

Subsequent Injuries Benefits Trust FundSIBTFPetition for ReconsiderationFindings and OrderWCJLabor Code section 5909EAMSApportionmentPermanent DisabilityAgreed Medical Evaluator

References

Case No. ADJ10499724

Regular

Mar 07, 2025

Victoria Lee vs. Subsequent Injuries Benefits Trust Fund

Subsequent Injuries Benefits Trust FundReconsiderationPermanent DisabilityApportionmentThresholdLabor Code Section 4751BookoutToddAnguianoHeigh

References

Case No. ADJ8083715

Regular

Sep 15, 2025

KAREN WHISNANT vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

Subsequent Injuries Benefits Trust FundSIBTFpermanent disabilityapportionmentLabor Code section 4751eligibility thresholdWCJreconsiderationFindings of FactBookout

References

Case No. ADJ12660754

Regular

Apr 04, 2025

NANCY ARNOLD vs. SUBEQUENT INJURIES BENEFITS TRUST FUND, et. al.

References

Case No. ADJ4219530 (SJO 0221066)

Regular

May 10, 2010

Dawn May vs. West Valley/Mission College, California Insurance Guarantee Association for Fremont Compensation Insurance in liquidation, Subsequent Injuries Benefits Trust Fund

Subsequent Injuries Benefits Trust FundSIBTFTalcottBacareasonable timesubstantial likelihoodpermanent disabilitydate of injurycausationapportionment

References

Case No. ADJ7475146

En Banc

Jun 23, 2020

Richard Todd vs. Subsequent Injuries Benefits Trust Fund

SIBTFSubsequent Injuries Benefits Trust Funden banc100% permanent disabilityCombined Values ChartCVCprior and subsequent permanent disabilitiessection 4751section 4753cumulative trauma injury

References

Case No. ADJ7475146

Significant

Jun 23, 2020

Richard Todd, Applicant vs. Subsequent Injuries Benefits Trust Fund

SIBTFSubsequent Injuries Benefits Trust Funden bancSection 4751permanent disabilitycombined permanent disabilityprior disabilitysubsequent injuryadditionoverlap

References

Case No. ADJ8361032

Regular

Sep 04, 2019

CAROL WORKMAN vs. ST. THERESA/ST. JOSEPH SCHOOL

SIBTFSubsequent Injuries Benefits Trust Fundwhole person impairmentcumulative traumaacromegalybilateral shouldersrange of motionmotor deficitapportionmentdiminished future earning capacity

References

Case No. ADJ3135090 (SAC 0355157) ADJ6834808

Regular

Sep 12, 2019

GUY LEE vs. UOP/MCGEORGE SCHOOL OF LAW, SUBSEQUENT INJURIES BENEFITS TRUST FUND

References

Case No. ADJ488924 (SDO 0329999), ADJ226519 (SDO 0302236), ADJ2353553 (SDO 0250184), ADJ4021935 (SDO 0269434)

Regular

Dec 10, 2020

Craig Stevens vs. Subsequent Injuries Benefits Trust Fund

References

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