Angell, Sharon

Sharon Angell sought Subsequent Injuries Benefits Trust Fund (SIBTF) benefits based on a 1996 non-industrial motor vehicle accident (alleged preexisting disability including fibromyalgia residuals) combined with an industrial cumulative trauma injury (July 11, 1997 through April 10, 2000). The WCJ found applicant eligible for SIBTF benefits, awarded lifetime benefits, granted defendant a $275,729.20 credit for Social Security Disability (SSD) benefits, and ordered 15% of benefits withheld for attorney's fees subject to commutation. Both parties sought reconsideration—applicant challenging the SSD credit and the 15% fee cap, defendant challenging SIBTF eligibility and commutation of the fee. The Appeals Board rescinded the F&O because the WCJ never made findings on the amount of applicant's preexisting disability, never determined whether the SSD benefits were based on the preexisting disability, never properly analyzed the Todd elements, and never applied the Rule 10844 factors to set the attorney's fee. The Board deferred these issues and returned the matter to the trial level for development of the record.