Douglas Riedo — ADJ7772639

Applicant Douglas Riedo sought SIBTF benefits based on a subsequent cumulative trauma injury to his neck and right thumb ending April 20, 2009, claiming preexisting labor-disabling disabilities to his neck, left ankle, lower back, and right shoulder. The WCJ denied benefits, finding applicant failed to establish a preexisting labor-disabling permanent disability. On reconsideration, the WCAB found the record inadequate to determine whether the disability from applicant's 2004 specific injury preexisted the cumulative trauma injury, because the date of the cumulative trauma injury under section 5412 had not been determined. The Board also rejected SIBTF's argument that the 35% threshold must be evaluated by looking at each body part separately, holding the two body parts of the single CT injury combine via the CVC to a 42% standard rating, satisfying the threshold. The Board rescinded the May 13, 2022 Findings of Fact and Order and returned the matter to the trial level for further proceedings.