Conley, Dan

Applicant Dan Conley sought reconsideration of an October 2, 2024 F&O denying his eligibility for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits arising from a September 12, 2017 lumbar spine injury. The WCJ denied SIBTF benefits, reasoning that applicant's subsequent injury claim only pled certain body parts, only the lumbar spine had a ratable impairment (14% after adjustment), and the 35% threshold could not be met by combining multiple injuries. The Board granted reconsideration, finding the WCJ erroneously limited the SIBTF claim to the pleadings and evidence of the settled underlying claim, and that section 4751 does not preclude meeting the 35% threshold through multiple resulting disabilities from a single subsequent injury. The Board rescinded the F&O and substituted findings deferring the threshold issues, whether the medical reports constitute substantial evidence, and the level of permanent disability, returning the matter to the trial level for further development of the record.