Hernadez, Rosendo

Rosendo Hernandez, a CHP peace officer, sustained an April 14, 2015 industrial low back injury with radiculopathy affecting the left leg, and had pre-existing disabilities to his right knee (industrial), psyche (PTSD with sleep impairment), and bilateral feet/ankles (congenital clubfoot post-surgical). He sought benefits from the Subsequent Injuries Benefit Trust Fund (SIBTF). The WCJ found Hernandez met the Labor Code 4751 threshold via the opposite-and-corresponding-member route—the subsequent back injury affecting the left leg corresponded to the pre-existing right leg impairment—and that combined disability exceeded 100%, awarding 100% permanent total disability. SIBTF petitioned for reconsideration, arguing the threshold was not met and that prior labor-disabling disability was improperly based on applicant testimony alone. The WCAB granted reconsideration solely to correct the impairment calculation (from 126% to 138% using the correct post-2013 DFEC modifier) and otherwise affirmed the award of 100% PTD.