Calderon, Armando L

Applicant Armando Calderon, a produce sorter, claimed a cumulative trauma injury (9/30/2003-9/30/2004) and sought SIBTF benefits, with a prior specific injury of 10/27/2001. The WCJ found applicant did not meet the 35% permanent disability threshold under Labor Code section 4751(b) because the WCJ applied apportionment, reducing Dr. Carr's 44% WPI/PD to 33% after apportioning 25% to the prior specific injury. On reconsideration, the Board held that apportionment may not be considered when calculating subsequent permanent disability for the section 4751(b) threshold, relying on Bookout v. WCAB. The Board found Dr. Carr's reporting of 44% subsequent permanent disability sufficient to meet the 35% threshold. The Board rescinded the F&O, substituted a finding that applicant meets the 35% threshold, deferred remaining eligibility issues, and returned the matter to the trial court for further proceedings.