Eugenio, Roberto

Roberto Eugenio settled his underlying workers' compensation claim against employer Call Henry, Inc. via Compromise and Release for $75,000 (approved 9/22/2016) while alleging psyche injury, before reaching permanent and stationary status. He then pursued a claim against SIBTF under Labor Code section 4751, alleging the subsequent industrial cumulative trauma injury met the 35% threshold and that he had multiple pre-existing labor-disabling conditions. The WCJ found the subsequent psyche injury alone rated at 42% (before adjustment) meeting the threshold, that applicant established compensable CT injury to cervical/thoracic/lumbar spine and psyche, and that combined disability exceeded 100%, awarding SIBTF benefits. The Board denied SIBTF's Petition for Reconsideration, adopting the WCJ's report and rejecting SIBTF's argument that the C&R stipulation limited applicant's permanent disability and pleaded body parts, relying on the persuasive reasoning in Humphrey v. SIBTF that a Compromise and Release is not a finding of permanent disability.