Anguiano, Juan

Applicant Juan Anguiano sought SIBTF benefits, and the WCAB previously concluded that the WCJ erroneously considered apportionment when evaluating whether applicant met the 35% eligibility threshold under Labor Code section 4751, but nonetheless agreed applicant met the threshold. SIBTF petitioned for reconsideration, arguing that excluding apportionment was contrary to the plain meaning and legislative intent of section 4751 and that the Board's reliance on Bookout was misplaced. The Board, applying stare decisis, held that the Court of Appeal's binding decision in Bookout established that permanent disability attributable to the subsequent injury for purposes of the 35% threshold excludes apportionment. The Board rejected SIBTF's cited authorities as non-binding writ-denied panel decisions. Reconsideration was denied.