Heigh, Robert

Robert Heigh, a custodian who claimed a July 26, 2015 industrial injury to his lumbar spine and right elbow, sought Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. The WCJ found applicant did not meet the 35 percent permanent disability threshold from the subsequent industrial injury alone under Labor Code section 4751(b) and ordered applicant take nothing. On July 14, 2023, the Board rescinded the WCJ's findings, holding applicant did meet the 35 percent threshold and deferring remaining eligibility issues for development on remand. The SIBTF (defendant) sought reconsideration, arguing the Board erroneously relied on Bookout v. WCAB and failed to state reasons for ordering further development of the record. The Board denied reconsideration, reaffirming that Bookout controls the construction of section 4751(b) by excluding apportionment when measuring the subsequent injury disability standing alone.