Corrales, Angel

Applicant Angel Corrales sought reconsideration of a WCJ's Findings of Fact and Order denying him Subsequent Injuries Benefits Trust Fund (SIBTF) benefits under Labor Code section 4751. The WCJ had found that applicant failed to meet both the 35% subsequent-injury threshold (after applying apportionment) and the 70% combined-disability threshold. The Appeals Board granted reconsideration, holding that under Bookout v. WCAB, apportionment must be excluded when calculating whether the 35% threshold is met. Recalculating, the Board found applicant's subsequent cumulative trauma injury equaled 60% permanent disability (meeting the 35% threshold) and that the combined preexisting and subsequent disabilities equaled 92% (meeting the 70% threshold). The Board amended the order to find applicant entitled to SIBTF benefits of 92% PD less section 4753 credits, and returned the matter to the trial level on the deferred issue of attorney's fees, criticizing applicant's attorneys for failing to develop the record.