Lohmann, Pearl

Applicant Pearl Lohmann, a medical records clerk, sustained an industrial injury on 06/05/2008 to her cervical, thoracic, and lumbar spines, bilateral upper extremities, and psyche, and had pre-existing labor-disabling disabilities (hypertension, irritable bowel syndrome, and a psychiatric condition). The WCJ found her entitled to SIBTF benefits, finding 40% pre-existing disability and 139% subsequent injury disability. SIBTF petitioned for reconsideration, arguing that an applicant whose subsequent injury alone causes permanent total (100%) disability is ineligible for SIBTF benefits. The Board agreed, holding that section 4751 requires the subsequent injury to result in additional permanent partial disability, and that where the subsequent injury alone results in 100% permanent disability, that total disability is the responsibility of the subsequent employer, not SIBTF. The Board affirmed the underlying Findings and Award but amended it to find applicant is not eligible for SIBTF benefits, with no award at this time.