Vargas, Nancy

Nancy Vargas applied for subsequent injuries benefits after a March 31, 2018 right foot injury combined with a preexisting disability to render her 100% permanently totally disabled. SIBTF sought reconsideration of a WCJ's F&O that placed on it the burden of proving entitlement to credit under Labor Code section 4753 for applicant's SSDI and disability retirement payments. The WCAB held that once an applicant establishes entitlement to subsequent injuries benefits under section 4751, the burden shifts to SIBTF to prove its entitlement to a reduction/credit under section 4753, and SIBTF failed to show that any portion of applicant's SSDI was paid for a preexisting disability or impairment. The Board rejected SIBTF's argument that a finding of total disability for SSDI purposes automatically gives rise to an inference that payments were for a preexisting condition, distinguishing Hanson. The Board also rejected SIBTF's due process argument for further record development, finding SIBTF had notice and an opportunity to be heard but simply failed to meet its burden. The Petition for Reconsideration was denied.