WCPanelIQ
PanelGranted

Crisci, Laureen

LAUREEN CRISCI, Applicant vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendant

ADJ number
ADJ7261956
Decision date
May 1, 2024
District office
San Jose
WCJ
—
Claim administrator
County of Santa Clara, permissibly self-insured
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: low back, knees, right shoulder, psyche, upper extremities, neck/cervical spine

LC §4751CCR §10455

Summary

Applicant Laureen Crisci, a corrections officer who sustained a June 2, 2009 specific injury, sought reconsideration of a WCJ finding that her petition for SIBTF benefits was untimely under Talcott. The WCJ had concluded that AME Dr. Warbritton's July 2, 2014 report put applicant on notice of a meritorious SIBTF claim and that her filing was therefore untimely. The Board rescinded the F&O, holding that the Warbritton report did not constitute Talcott notice because it did not opine on whether the subsequent injury produced additional permanent partial disability meeting the SIBTF criteria. The Board found applicant first received adequate notice of probable SIBTF liability with Dr. Newman's March 29, 2018 report, and because she filed an operative application no later than October 30, 2017, her claim was timely. The matter was returned to the trial level with all other issues deferred.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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