Millner, Bryan

Applicant Bryan Millner, a Los Angeles police officer, sought reconsideration of a WCJ's finding that he did not meet the 35% permanent disability threshold for Subsequent Injuries Benefits Trust Fund (SIBTF) eligibility under Labor Code section 4751. The WCJ found his 2019 subsequent injury to the lumbar spine and right shoulder did not reach 35% because it considered apportionment to a prior 2012 lumbar injury. The Appeals Board granted reconsideration, holding that under Bookout v. WCAB and the en banc Todd decision, apportionment must be excluded and the impairments combined when calculating the SIBTF 35% threshold. Removing occupation/age adjustments and apportionment, the unapportioned lumbar disability (29%) combined with the shoulder disability (17%) via the CVC equals 41%, exceeding the 35% threshold. The Board amended the Findings of Fact to find the 35% threshold was met but deferred the ultimate question of SIBTF benefit entitlement.