Dealba, Greg

Applicant Greg Dealba sought benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF) after a 2013 left shoulder injury (12% PD) and a cumulative trauma injury ending March 19, 2015. The WCJ awarded 77% PD but declined to consider PQME Dr. Hirsch's opinions on applicant's preexisting internal medicine conditions (hypertension, hernia, sinusitis, arrhythmia, prostatism), finding his reports were not substantial medical evidence and that the underlying records were not in evidence. On reconsideration, the Board disagreed, holding that Dr. Hirsch's February 8, 2022 report constituted substantial medical evidence establishing labor-disabling preexisting disabilities based on a documented medical history from 1995 through 2021. The Board amended the findings to reflect 82% preexisting PD, which combined with the subsequent injury resulted in 100% permanent total disability. The Board also deferred the issue of attorney's fees for lack of evidentiary support for the 25% award.