Glover, Andrew

Andrew Glover, a former professional athlete, filed a Subsequent Injuries Benefits Trust Fund (SIBTF) application on August 19, 2019, alleging a September 2, 2001 date of injury that had resolved via Compromise and Release (C&R) on October 8, 2008. The WCJ found the SIBTF application untimely, reasoning that the approved 2008 C&R constituted a finding by the Board on the issue of permanent disability, making applicant's date of knowledge no later than October 8, 2008. The Appeals Board granted reconsideration, holding that a Compromise and Release is a compromise, not a finding of permanent disability, and that a finding of adequacy is distinct from a finding of permanent disability. The Board also faulted the WCJ for failing to discuss applicant's knowledge of SIBTF's probable liability and whether the Labor Code section 4751 eligibility thresholds were met. The July 19, 2023 Findings and Order was rescinded and the matter returned to the trial level for further proceedings on timeliness.