What the panel ordered
Petition for Reconsideration denied, affirming the WCJ's denial of SIBTF benefits.
Applicant seeks reconsideration of a WCJ Findings and Order of March 21, 2022, denying benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF).
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.
Other disputed issueDefendant prevailedleft upper extremity · right upper extremity
Applicant did not prove that the subsequent injury caused permanent disability affecting the opposite and corresponding member as required by Labor Code section 4751.
From the decision · page 2Applicant contends that the WCJ erred in finding that he is not entitled to SIBTF benefits. Applicant argues that his permanent disability in case ADJ1156628 constituted a previous disability that affected the left upper extremity and that the injury in this case affects the right upper extremity. Thus, applicant argues that the statutory requirements are met because he has a disability of more than 5 percent in the "opposite and corresponding member." We have received an Answer from SIBTF and the WCJ has filed a Report and Recommendation on Petition for Reconsideration.