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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

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