What the panel ordered
The WCAB granted the petition for reconsideration, amended the Findings of Fact and Order to defer the issue of SIBTF benefits, and returned the matter to the trial level for further proceedings consistent with the opinion.
applicant seeks reconsideration of the May 12, 2022 Findings of Fact and Order, wherein the WCJ found that applicant failed to present evidence to substantiate a preexisting labor disabling permanent disability and is therefore not entitled to benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The WCJ prepared a Report and Recommendation on Petition for Reconsideration recommending denial. The WCAB granted reconsideration, amended the Findings of Fact and Order to defer the issue of SIBTF benefits, and returned the matter to the trial level for further proceedings.
This docket was decided more than once. Shown here is the latest released decision; we also hold November 23, 2021.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB found that the applicant failed to present evidence of a preexisting labor disabling permanent disability predating the subsequent injury, but there were references to prior medical records indicating prior disabilities. The record was insufficiently developed, so the issue was deferred for further proceedings.