WCPanelIQ
PanelGranted in Part

Suzanne Cailliez — ADJ7609168

SUZANNE CAILLIEZ, Applicant vs. KEN ENTERPRISES DBA THE PALMS, SIBTF - CLAIMS UNIT, Defendants

ADJ number
ADJ7609168
Decision date
Nov 22, 2021
District office
Santa Barbara
WCJ
—
Claim administrator
SIBTF - Claims Unit
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: internal, psychological

Summary

Applicant Suzanne Cailliez filed a Petition for Removal challenging the WCJ's August 13, 2021 Order Vacating Submission and Setting the Matter Back on the Trial Calendar for Development of the Record in a case involving the Subsequent Injuries Benefits Trust Fund (SIBTF). The dispute centered on language in the order suggesting that evidence of pre-existing permanent disability had to predate 1995 rather than the last day of the cumulative trauma. The Board granted removal solely to amend the order by striking the phrase 'prior to the continuous trauma claim of 1995 to July 28, 2009' and replacing it with 'prior to the last day of cumulative trauma July 28, 2009.' The Board otherwise affirmed the WCJ's decision based on the WCJ's analysis. The amendment clarifies the relevant timeframe for evaluating pre-existing internal and psychological disability in connection with the SIBTF claim.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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