Dhami, Amarjit

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of an October 18, 2024 Findings and Award in which the WCJ found applicant Amarjit Dhami met the 35% threshold under Labor Code section 4751 and was permanently and totally disabled after combining his injuries. SIBTF's sole argument was that the WCJ should have applied section 4663 apportionment when determining whether the subsequent injury met the 35% threshold, and that the holding in Bookout v. WCAB (1976) 62 Cal.App.3d 214 should be disregarded. The Appeals Board denied reconsideration, holding that apportionment does not apply to calculating the subsequent injury disability for SIBTF threshold purposes under Bookout and its own en banc decision in Todd. The Board, as a constitutional court bound by higher court precedent, lacked authority to overturn Bookout and directed SIBTF to raise the issue with the Courts of Appeal or Legislature. The Board also admonished SIBTF and attorney Jay Lee for misrepresentation by omission, noting they cited only two writ-denied cases while failing to disclose the controlling Todd en banc decision and numerous post-Todd panel decisions.