Enriquez, Victoria

Victoria Enriquez sought Subsequent Injuries Benefits Trust Fund (SIBTF) benefits, claiming a pre-existing labor-disabling permanent disability under Labor Code section 4751. The WCJ denied benefits, finding applicant failed to meet her burden of proving the pre-existing disability was labor disabling. The Appeals Board had previously remanded the matter in July 2019 to develop the record, but on remand the WCJ resubmitted the case on the identical, deficient record without obtaining additional evidence, and issued an unexplained decision contrary to substantial evidence requirements. On reconsideration, the Board rescinded the January 29, 2020 F&O and again returned the matter to the trial level, directing the parties to obtain substantial medical evidence on whether applicant's pre-existing non-industrial disability was labor disabling, noting that since the prior AME was unavailable, replacement evaluation or a regular physician examination could proceed.