Deinhard, Kimi

Applicant Kimi Deinhard sought SIBTF benefits based on a 2004-2006 cumulative trauma injury to her bilateral upper extremities (the subsequent injury) combined with a 1987 nonindustrial stabbing that injured her left wrist/median nerve and caused Brown-Sequard syndrome. The WCJ found she did not meet the 35% threshold under Labor Code section 4751(b) and took nothing, but failed to analyze whether she met the alternate 5% threshold under section 4751(a) for a preexisting hand/wrist disability with corresponding subsequent disability to the opposite member, and failed to address defendant's statute-of-limitations defense. On reconsideration, the Board found the medical record from AME Dr. Calderone unclear because he documented clinical findings of preexisting left wrist disability but never rated it, attributing the entire 5% upper extremity impairment solely to the cumulative trauma. The Board rescinded the F&O, deferred the 5% threshold and timeliness issues, and remanded for development of the record through further reporting by Dr. Calderone.