MICHAEL JONES, Applicant vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, et al., Defendants
ADJ number
ADJ8521008
Decision date
Apr 16, 2025
District office
Marina Del Rey
WCJ
—
Claim administrator
Subsequent Injuries Benefits Trust Fund
Commissioners
—
Injury / body parts: neck, low back, left knee, left finger, shoulders, internal system, cardiovascular system, psyche, hypertension, headaches, sleep disorder
LC §4751LC §5313LC §5903LC §5952LC §5908
Summary
Michael Jones sustained an admitted industrial injury on March 22, 2011, while working as an inventory control clerk, and settled his claim against the employer via C&R approved July 26, 2016, then sought SIBTF benefits. The WCJ found applicant failed to meet the 35% subsequent disability threshold under Labor Code section 4751 and denied SIBTF benefits, but made no findings of fact regarding the subsequent disability rating. On reconsideration, the Board found the F&O was not supported by findings, that the WCJ improperly excluded exhibits without orders or analysis, and failed to rate the subsequent disability or address psyche compensability. The Board rescinded the July 8, 2022 F&O and returned the matter to the trial level for further proceedings, noting applicant's psychiatric disability alone may rate to 45%, exceeding the threshold.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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