WCPanelIQ
PanelDenied

Lee, Victoria

VICTORIA LEE, Applicant vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number
ADJ10499724
Decision date
Mar 6, 2025
District office
Riverside
WCJ
Jeffrey Wilson
Claim administrator
Subsequent Injuries Benefits Trust Fund
Commissioners
—

Injury / body parts: back, psyche, shoulders, excretory system, lumbar spine, right knee

LC §5909LC §5900LC §4751

Summary

Victoria Lee, a 30-year-old employee of Altura Credit Union, sustained industrial injury to her back, psyche, shoulders, and excretory system on April 18, 2016, with the case in chief resolved by Compromise and Release. She subsequently filed for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits, and the limited issue at trial was whether her subsequent injury met the 35% permanent disability threshold under Labor Code section 4751. The AME found 28% WPI for the lumbar spine, which after the 1.4 adjustment equaled 39%, exceeding 35%, but only if apportionment was excluded. SIBTF sought reconsideration arguing apportionment should be included in the threshold calculation. The Board denied reconsideration, adopting the WCJ's Report and following Bookout v. WCAB and subsequent panel decisions holding that apportionment is excluded when determining whether the subsequent injury meets the 35% threshold.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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