Barrera, Raymundo

Applicant Raymundo Barrera, a County of Los Angeles investigator, sought Subsequent Injuries Benefits Trust Fund (SIBTF) benefits based on a cumulative injury (5/21/1991–11/5/2021) to his cervical spine, lumbar spine, and left knee. The WCJ found applicant met the 35% threshold under Labor Code section 4751(b) by excluding apportionment and adding the impairments (10% cervical, 10% lumbar, 17% left knee = 37%) after applying the 1.4 adjustment factor. The SIBTF sought reconsideration, arguing apportionment should be included and that impairments should be combined using the Combined Values Chart (CVC) rather than added. The Board agreed that Bookout properly excludes apportionment from the 35% threshold calculation, rejecting defendant's apportionment argument. However, the Board held the WCJ erred in adding impairments without medical evidence establishing that addition produces a more accurate rating than the CVC, since whether to add or combine is a medical/legal question. The Board granted reconsideration, rescinded the F&O, and remanded for development of the record.