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

Case No. ADJ3953602 (SRO 0260827) ADJ2646453 (SRO 0133845)
Regular
Nov 14, 2012

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

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.

SIBTFPetition for ReconsiderationFindings and AwardPermanent DisabilityIndustrial InjuryVocational Rehabilitation EvaluationDiminished Future Earning CapacityDeposition TranscriptExhibits M and NWCJ Report
References
0
Case No. ADJ7348607
Regular
Oct 04, 2013

James Clark vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case involves James Clark's petition for reconsideration of a decision regarding Subsequent Injuries Benefits Trust Fund (SIBTF) liability. The WCJ found that Clark sustained a 13% permanent disability from a 2009 work injury, which, when combined with prior permanent disabilities from other injuries, resulted in a 70% total permanent disability. Clark argued for 100% permanent disability based on prior medical reports and a vocational expert's opinion. The Board denied reconsideration, finding that the prior medical reports indicated overlapping disabilities, precluding simple addition of individual award percentages. The Board also noted that Social Security Administration determinations are not determinative for workers' compensation, and there was no ratable medical opinion for Clark's sleep or vision conditions.

Subsequent Injuries Benefits Trust FundSIBTFPetition for ReconsiderationPermanent DisabilityOverlapping DisabilityQualified Medical ExaminerQMEVocational ExpertWork PreclusionCategory B
References
3
Case No. ADJ2089663 (SAC 0198321)
Regular
Aug 07, 2014

THOMAS AGOSTA vs. CHRISTINE BAKER, DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR OF THE SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case involves a Subsequent Injuries Benefits Trust Fund (SIBTF) petition for reconsideration regarding an applicant's permanent disability award. The WCAB granted reconsideration, rescinded the prior award, and returned the matter for further proceedings. The Board found insufficient evidence to support the original 100% permanent disability finding, particularly concerning pre-existing disabilities from baseball injuries and vocational expert opinions. The WCAB also highlighted the need to further develop the record on the applicant's learning disability and its impact on pre-existing disability as of the July 2, 1992 injury date.

Subsequent Injuries Benefits Trust FundSIBTFpermanent disabilitycombined permanent disabilitypre-existing disabilityindustrial injuryvocational opinionlearning disabilityMultiple Disabilities Tablelabor disablement
References
2
Case No. SAC 0315585
Regular
Sep 18, 2007

Bradley Dorigo vs. State of California, Subsequent Injuries Benefits Trust Fund

This case concerns the Subsequent Injuries Benefits Trust Fund's (SIF) liability for an applicant's vocational rehabilitation counselor fees. The Appeals Board affirmed a prior award requiring SIF to reimburse a portion of the vocational expert's fees, despite SIF's arguments that it was not liable for such costs. The Board cited prior writ-denied cases and relevant statutes, including Code of Civil Procedure section 1028 and Labor Code section 5708, to support its decision.

Subsequent Injuries Benefits Trust FundVocational rehabilitation expertLabor Code section 4751Compromise and releaseStipulated awardPermanent disabilityReimbursementWorkers' Compensation Appeals BoardAdministrative law judgeCode of Civil Procedure section 1028
References
3
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. ADJ8835660
Regular
Jan 19, 2018

JOE CASILLAS vs. GRAYD A PRECISION METAL FABRICATORS; STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration by the defendant regarding a permanent total disability award for Joe Casillas. The defendant argued against the total disability finding, questioned injury to the left upper extremity, and contested the basis for vocational rehabilitation findings. The Board granted reconsideration to amend the findings, rescinding the finding of injury to the left upper extremity due to the applicant unilaterally withdrawing that issue. However, the Board affirmed the permanent total disability finding based on substantial medical and vocational evidence, including the applicant's significant limitations in daily living and unsuitability for vocational rehabilitation, despite the absence of left upper extremity injury.

Permanent total disabilityvocational rehabilitationindustrial injurybilateral upper extremitiescervical spinepsychefabricatorState Compensation Insurance Fundpetition for reconsiderationadministrative law judge
References
3
Case No. MISSING
Regular Panel Decision
Dec 03, 2004

Claim of Scally v. Ravena Coeymans Selkirk Central School District

In this case, a claimant appealed a Workers’ Compensation Board decision regarding apportionment of her workers' compensation award. The claimant, who suffered a work-related left knee injury in 2002, had a pre-existing non-work-related injury to the same knee from 1986. While a WCLJ initially denied apportionment, the Board reversed, directing a 50/50 apportionment based on the premise that the prior injury would have resulted in a schedule loss of use award had it been work-related. The appellate court upheld the Board's determination, deferring to its interpretation that a non-work-related injury leading to a schedule loss of use constitutes a "disability in a compensation sense" for apportionment purposes. This decision was supported by medical expert testimony indicating a schedule loss of use from the prior surgery.

Workers' CompensationApportionmentKnee InjuryNon-work-related InjurySchedule Loss of UsePreexisting ConditionMedical Expert TestimonyBoard InterpretationJudicial ReviewAppellate Decision
References
13
Case No. SFO 0425862 SFO 0425863
Regular
May 14, 2008

William Bishop vs. IGC POLYCOLD SYSTEMS, ROYAL & SUN ALLIANCE

This case involves a workers' compensation applicant claiming injury to his right shoulder and seeking a new vocational rehabilitation plan. The Appeals Board affirmed the WCJ's denial of a new vocational plan and the finding of no industrial injury to the right shoulder. However, they reversed the WCJ to award benefits resulting from right shoulder surgery, deeming it a consequence of the compensable left shoulder injury.

Workers' Compensation Appeals BoardReconsiderationVocational Rehabilitation PlanIndustrial InjuryRight ShoulderLeft ShoulderTemporary DisabilityQualified Medical EvaluationCausationNon-Industrial
References
8
Case No. ADJ7817116
Regular
Dec 17, 2019

KAREN SWANSON vs. FRESNO UNIFIED SCHOOL DISTRICT

In this workers' compensation case, the Board affirmed the trial judge's finding of permanent total disability for applicant Karen Swanson due to a February 17, 2004 industrial injury. The defendant school district sought reconsideration, contesting the total disability finding and arguing for apportionment. Crucially, both the applicant's and the defendant's vocational experts independently concluded that the applicant was unemployable and not amenable to vocational rehabilitation due to her injury. The Board found substantial evidence supported the total disability award, exceeding the scheduled rating based on the unanimous vocational expert opinions.

Permanent total disabilityAgreed Medical ExaminerOrthopedicsApportionmentVocational expertsLabor market preclusionVocational rehabilitationDiminished future earning capacityScheduled ratingIndustrial injury
References
2
Case No. ADJ1862235 (FRE 0206581) ADJ1010899 (FRE 0206582)
Regular
Dec 17, 2014

ORVIL MARTIN vs. NATIONAL CEMENT/BUILDERS, CONFRETE, AMERICAN CASUALTY COMPANY, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board (WCAB) rescinded the prior award and returned the case to the trial level for further proceedings. The WCAB found the original decision lacked substantial evidence regarding the applicant's 100% permanent disability rating and apportionment between two industrial injuries. Specifically, the WCAB noted insufficient medical and vocational evidence to fully explain the permanent disability, especially considering the applicant's attempted vocational rehabilitation. The board emphasized the need for updated medical reports, proper apportionment of psychiatric injury, and thorough vocational expert analysis.

ApportionmentVocational feasibilityDiminished Future Earning Capacity (DFEC)Cumulative traumaSpecific injuryAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Substantial evidenceReconsiderationFurther proceedings
References
0
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