Rieck, Monty

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a WCJ's Findings and Award holding that applicant Monty Rieck's petition for SIBTF benefits was timely. Applicant had settled three claims against Home Depot, including an April 24, 2015 specific injury, via Compromise and Release approved October 2, 2020, with no findings on permanent disability. He filed his SIBTF petition on September 21, 2023, alleging preexisting disabilities. Applying the Talcott framework, the Board found defendant failed to prove applicant knew or should have known of a substantial likelihood of SIBTF entitlement within five years of injury, particularly because the underlying claim was settled without any Board findings on permanent disability. The Board also found defendant produced no evidence (including no testimony from applicant) showing when applicant acquired knowledge triggering the reasonable-time filing requirement. The Petition for Reconsideration was denied.