Bourisk, Rick

Applicant Rick Bourisk, a 64-year-old carpenter, sustained a cumulative trauma industrial injury (2/1/2012-7/2/2015) to the neck, back, bilateral shoulders, and bilateral upper extremities, settling his underlying workers' compensation claim via C&R for $90,400. He then pursued a SIBTF claim, and the WCJ found 65% subsequent industrial disability plus 55% pre-existing disability (including GERD, psyche, and addiction), resulting in permanent total disability. SIBTF petitioned for reconsideration, arguing that applicant's subsequent industrial disability had to be determined through the Labor Code section 4062.2 medical-legal process and that the pre-existing GERD, psyche, and addiction disabilities lacked substantial evidence and were duplicative. The WCAB denied reconsideration, holding that an action against SIBTF is separate and distinct from the underlying employer action, and that applicant is not bound by the section 4062.2 process to develop the SIBTF record. The Board further adopted the WCJ's findings that the medical reports of Drs. Chen and O'Dowd constituted substantial medical evidence and that even if psyche and addiction were duplicative, overall disability still exceeded 100%.