Jensen, Ken

Applicant Ken Jensen worked as a deputy director of social services and sustained a cumulative industrial injury (January 1, 2007 through February 16, 2013) in the form of hypertension, cognitive impairment, and neurologic deficit, ultimately leading to a stroke. He was awarded 34 percent permanent disability after apportionment on the underlying claim, which became final on May 3, 2018. Jensen then filed for SIBTF benefits and was found permanently totally disabled (100%), with the WCJ concluding he met the 35 percent threshold under Labor Code section 4751(b) based on the unapportioned rating of the subsequent injury. SIBTF sought reconsideration, arguing the WCJ misapplied Bookout to exclude apportionment from the threshold calculation and that the SIBTF claim was untimely. The Appeals Board granted reconsideration, affirmed the F&A on the merits (holding Bookout controls and the claim was timely), but amended to correct the date of finality of the subsequent injury to May 3, 2018 and to defer the issue of the amount of the attorney's fee.