Simon, Joyce

Joyce Simon, self-represented, sustained an industrial injury on May 20, 2003 to her lumbar spine, right wrist, and in the form of fibromyalgia, resulting in a 75% permanent disability award after apportionment in a 2013 Findings, Award and Order. She later filed an application for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits, which a WCJ found barred by the statute of limitations. Applicant sought reconsideration, arguing invalid apportionment, denial of due process, and improper imposition of collateral estoppel. The Board denied reconsideration, adopting the WCJ's Report, and clarified that post-SB 899 an applicant has a reasonable time from when they knew or should have known of SIBTF's probable liability, but Simon never specified when she learned her preexisting disability was labor disabling and waited approximately six years to file. The Board concluded that six years was not a reasonable time and the claim was time-barred.