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

Case No. ADJ9500046
Regular
Jun 26, 2025

NADINA WARE vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of an Amended Findings and Award, where the WCJ found applicant Nadina Ware's combined injuries resulted in permanent total disability and eligibility for SIBTF benefits. SIBTF contended the findings lacked specific detail on eligibility requirements, insufficient contemporaneous evidence of prior disability, and that medical and vocational reports were not substantial evidence. The Appeals Board rescinded the decision, finding the Amended Findings and Award lacked specific findings and explanation for the conclusion of permanent total disability, and that the medical examiners did not adequately assign Whole Person Impairment (WPI) for all pre-existing conditions. The matter was returned to the trial level for further proceedings.

Subsequent Injuries Benefits Trust FundSIBTFPermanent Total DisabilityPre-existing DisabilitiesApportionmentWhole Person ImpairmentWPIAMA GuidesSubstantial Medical EvidenceVocational Consultant
References
7
Case No. ADJ2651648 (MON 0342704)
Regular
Jul 18, 2017

TERESA SANCHEZ vs. HAWTHORNE UNIFIED SCHOOL DISTRICT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of an award granting applicant benefits for a 2006 industrial injury, arguing the prior disability rating was insufficient. The applicant had two industrial injuries: a 1997-2002 cumulative trauma and the 2006 specific injury, both causing fibromyalgia. The WCJ found the combined disability from both injuries exceeded the threshold for SIBTF benefits, based on her primary treating physician's rating. The Appeals Board affirmed the WCJ's decision, adopting the judge's report which found the applicant met the criteria for SIBTF benefits, and denied the SIBTF's petition.

Subsequent Injuries Benefits Trust FundSIBTFcumulative traumacompensable consequencefibromyalgiapermanent and stationaryAgreed Medical ExaminerAMA Guides1997 rating scheduleprimary treating physician
References
0
Case No. ADJ7917795
Regular
May 16, 2014

SANDRA DELGADO vs. KAISER PERMANENTE, PERMANENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the previous award, and returned the case for further proceedings. The WCAB found that the administrative law judge's (ALJ) finding of 100% permanent disability was not supported by substantial medical evidence. Furthermore, it was unclear if the subsequent injury solely caused the increased disability given stipulations regarding a prior injury's worsening. The WCAB directed the ALJ to ensure a proper record and make specific findings on all disputed issues, including permanent disability, the subsequent injury's contribution, and potential SIBTF credits.

Subsequent Injuries Benefits Trust FundPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentSubstantial Medical EvidenceLabor Code section 4753Agreed Medical EvaluatorWCJWorkers' Compensation Appeals Board
References
8
Case No. ADJ3321235 (SFO 0492639)
Regular
Apr 29, 2011

Nick Calvan vs. Pacific Gas & Electric, Subsequent Injuries Benefits Trust Fund

This Workers' Compensation Appeals Board decision grants reconsideration of a prior award and rescinds the original findings. The Board finds that the applicant sustained industrial injury to his low back, legs, shoulders, and psyche. However, the case is returned to the trial level for further proceedings because the original decision lacked necessary findings on permanent disability, apportionment, and the liability of the Subsequent Injuries Benefits Trust Fund, specifically regarding Labor Code section 4751. The Board did affirm the finding of psychiatric injury arising out of and occurring in the course of employment.

Workers Compensation Appeals BoardSubsequent Injuries Benefits Trust Fundpermanent disabilitypsychiatric injuryapportionmentLabor Code 4751Labor Code 4659Labor Code 4662vocational assessmentcausation
References
0
Case No. MISSING
Regular Panel Decision

Aminov v. New York Black Car Operators Injury Compensation Fund, Inc.

Claimant, a black car operator for the New York Black Car Operators Injury Compensation Fund, Inc., sustained injuries when his limousine was struck by another vehicle. The Workers’ Compensation Board ruled that his injuries were compensable, having occurred while performing 'covered services.' The employer and the State Insurance Fund appealed, contending that without a specific assignment, claimant was not performing covered services. The court affirmed the Board's decision, holding that logging onto the employer's website and driving to an area with high fare activity to increase chances of an assignment was sufficient to constitute performing covered services under Executive Law § 160-cc (4).

Black Car OperatorAccidental InjuryCourse of EmploymentCovered ServicesDispatch InterpretationLog-on ActivityStatutory InterpretationAppellate ReviewEmployer LiabilityInsurance Fund
References
0
Case No. ADJ6900339
Regular
Nov 13, 2017

Gloria Frialde vs. TJ Ward, Truck Insurance Exchange, Subsequent Injuries Benefit Trust Fund

This Workers' Compensation Appeals Board decision amends a prior award, primarily by removing a finding of industrial injury related to a sleep disorder. The Board found that the applicant's sleep issues stemmed from pain from her physical injuries, not a separate sleep disorder, and thus not separately compensable. The matter is returned to the trial level to re-determine the applicant's permanent disability, considering the corrected findings and specific instructions regarding life pension and permanent disability indemnity rates. The applicant's claim for benefits from the Subsequent Injuries Benefit Trust Fund was denied.

Workers Compensation Appeals BoardReconsiderationOpinion and DecisionFindings Orders and AwardCumulative TraumaPermanent DisabilityApportionmentSubsequent Injuries Benefit Trust FundVocational ExpertAlmaraz/Guzman
References
10
Case No. MISSING
Regular Panel Decision

Claim of Cortese v. Rochester Products Division, G.M.C.

This case concerns an appeal from decisions of the Workers’ Compensation Board regarding a claimant who developed leg and back pain, culminating in a herniated disc, after a new work assignment involving lifting heavy carburetors. The self-insured employer appealed the Board's findings that the claimant sustained a compensable injury and that her failure to give timely statutory notice was excused. The court affirmed the Board's decisions, asserting that a compensable accident can arise from repetitive trauma leading to a sudden collapse, and the specific onset of severe pain satisfies the suddenness test. Furthermore, the Board properly excused the delayed notice as it neither aggravated the injury nor hindered the defense. Substantial medical evidence supported the causal relationship between the work activities and the injury.

Repetitive TraumaHerniated DiscLaminectomyDelayed Notice ExcusedCausal ConnectionSuddenness TestWorkers' Compensation Board AppealSubstantial EvidenceWork-related InjuryEmployer Liability
References
10
Case No. ADJ1279352
Regular
Nov 18, 2010

WARREN BARNA vs. PACIFIC TUBE, ST. PAUL TRAVELERS, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of an award finding them liable for an applicant's psychiatric injury. The applicant had previously settled orthopedic claims and a cumulative trauma claim. The Appeals Board granted reconsideration to amend the original decision, adding specific findings required by Labor Code section 4751 regarding the applicant's pre-existing psychiatric disability and the compensable industrial psychiatric injury. The Board affirmed the original finding of liability against the SIBTF, while clarifying the applicant's eligibility for SIBTF benefits and addressing the issue of potential offsets.

Subsequent Injuries Benefits Trust Fundpsychiatric disabilitypre-existing disabilityindustrial injurypermanent partial disabilityLabor Code section 4751Workers' Compensation Appeals Boardreconsiderationcumulative traumaspecific injury
References
0
Case No. ADJ3280434 (MF) ADJ6953178
Regular
Dec 07, 2012

WILLIAM RICHARDSON vs. CHECKMATE TRANSPORT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CASCADE NATIONAL INSURANCE, in liquidation, TONY'S SONS MOVING & STORAGE, STATE COMPENSATION INSURANCE FUND

This case concerns applicant William Richardson's claim for permanent disability due to specific and cumulative industrial injuries. The Workers' Compensation Appeals Board (WCAB) affirmed the finding of total permanent disability stemming from a specific injury in 2004. The WCAB clarified that the presumption of total permanent disability does not preclude apportionment, but found that the applicant's current total permanent disability was solely caused by the specific injury, not the cumulative trauma. Therefore, apportionment to the cumulative injury was denied, and the claim for cumulative trauma was dismissed.

Workers Compensation Appeals BoardCIGASCIFReconsiderationJoint FindingsAwardOrderAdministrative Law JudgeSpecific Industrial InjuryCumulative Trauma
References
2
Case No. ADJ7673809, ADJ7673752
Regular
Sep 17, 2012

JIM ROBERTS COMPANY vs. PREFERRED EMPLOYERS INSURANCE

This case involves a laborer seeking workers' compensation for claimed specific and cumulative spinal injuries. The initial finding barred the specific injury claim due to a layoff occurring prior to reporting, with the WCJ deeming the employer's witnesses more credible. Reconsideration was granted by the Appeals Board regarding the cumulative trauma claim due to inconsistent medical opinions, which were deemed not substantial evidence. The Board affirmed the specific injury denial but deferred a decision on the cumulative trauma injury, returning the matter for further medical development.

Labor Code section 3600(a)(10)reconsiderationFindings of FactOrderlaborerindustrial injurythoracic spinelumbrosacral spinecumulative traumadegenerative changes
References
13
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