WCPanelIQ
PanelDismissed

Humphrey, Ronald

RONALD HUMPHREY, Applicant vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number
ADJ7016841
Decision date
Sep 7, 2023
District office
Oakland
WCJ
—
Claim administrator
—
Commissioners
LISA A. SUSSMAN, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5900LC §5902LC §5903

Summary

Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of the Board's September 8, 2023 Opinion and Order, which had granted applicant Ronald Humphrey's petition, rescinded the WCJ's June 13, 2023 finding that the SIBTF claim was untimely, and returned the matter to the trial level for further proceedings. SIBTF argued the Board erred in interpreting Talcott regarding the limitations period for SIBTF claims, specifically contending that an order approving a Compromise and Release constitutes a Board finding on permanent disability. The Board dismissed SIBTF's petition as premature, holding that the September 8, 2023 Opinion was not a 'final' order from which reconsideration may be taken because it merely rescinded a finding and remanded for further proceedings without issuing new findings or orders. The Board nevertheless reiterated that a compromise and release is not a finding on the issue of permanent disability and that it made no findings as to what constitutes the Board's findings on permanent disability establishing probable Fund liability.

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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