Baker v. Workers Compensation Appeals Board
C.A. 6th; H043291 The Sixth Appellate District affirmed a decision of the Workers’ Compensation Appeals Board. The court held that the Subsequent…
July 31, 2017 at 05:21 PM
2 minute read
C.A. 6th;
H043291
The Sixth Appellate District affirmed a decision of the Workers' Compensation Appeals Board. The court held that the Subsequent Injuries Benefits Trust Fund's (SIBTF) obligation to pay benefits to a permanently disabled worker commences concurrently with the employer's obligation to pay permanent disability benefits.
Jim Guerrero applied for workers' compensation benefits after he was injured in the course of his employment as a construction laborer. He also applied for benefits from the SIBTF, asserting that a prior medical condition when combined with the work injury left him sufficiently disabled to meet the eligibility requirements for SIBTF payments. The SIBTF contested his entitlement to benefits. A workers' compensation administrative law judge (ALJ) ordered the SIBTF to pay, finding that Guerrero's preexisting condition combined with the subsequent injury left him totally and permanently disabled.
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