What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by Subsequent Injuries Benefits Trust Fund seeking review of December 4, 2024 Findings and Order was timely filed and considered by the Appeals Board, which denied the petition on March 7, 2025.
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 Board follows the precedent in Bookout excluding apportionment when calculating the 35% threshold for SIBTF benefits, thus the threshold is met without apportionment.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Dr. Woods' impairment rating of 28% whole person impairment for lumbar spine, adjusted to 39% with the 1.4 factor, meets the 35% threshold without apportionment.
Favours Applicant prevailed
This rating establishes that the subsequent injury meets the statutory threshold for SIBTF benefits when apportionment is excluded as required by law.