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PanelRemanded

Brandon Dagg — ADJ9113297

BRANDON DAGG, Applicant vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number: ADJ9113297
Decision date: Jul 7, 2022
District office: Oakland
WCJ: —
Claim administrator: Subsequent Injuries Benefits Trust Fund
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: knee (Osgood-Schlatter's disease), psychological/cognitive/developmental, respiratory (asthma), gastrointestinal (GERD), cardiovascular (hypertension), foot (plantar fasciitis)

LC §4751LC §5701LC §5906

Summary

Applicant Brandon Dagg sought reconsideration of an April 28, 2022 Findings and Order in which the WCJ found he failed to meet his burden of proving eligibility for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits, concluding his pre-existing injuries were not labor disabling. The WCJ's own Report recommended granting reconsideration and returning the matter to develop the record. The WCAB panel, applying Labor Code section 4751 and the labor-disabling standard from Ferguson and Escobedo, granted reconsideration. The Board returned the matter to the trial level to determine whether applicant's six pre-existing conditions are independently capable of supporting an award of permanent partial disability, which would render them labor disabling for SIBTF purposes. The April 28, 2022 decision was affirmed except that SIBTF eligibility was deferred.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.