What the panel ordered
April 28, 2022 Findings and Order affirmed except amended to defer issue of SIBTF eligibility and remand for further record development
Petition for Reconsideration granted and matter returned to trial level for further development of record on SIBTF eligibility
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 WCJ's finding that applicant's pre-existing injuries were not labor disabling was challenged; the Appeals Board granted reconsideration and remanded for further development to determine if the preexisting conditions are independently capable of supporting a permanent partial disability award, thus labor disabling for SIBTF eligibility.
From the decision · page 1applicant seeks reconsideration of the April 28, 2022 Findings and Order, wherein the workers' compensation administrative law judge (WCJ) found that applicant has not met his burden of proof for eligibility for Subsequent Injuries Benefits Trust Fund (SIBTF).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.