Warren Harris — ADJ10155436

Warren Harris sought reconsideration of a WCJ's Findings and Order denying him benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF) under Labor Code section 4751. Applicant had prior disabilities (36% lumbar/cervical spine and 58% hypertension/mitral valve prolapse) and a subsequent cumulative injury ending July 3, 2009 in the form of thyroid cancer rated at 20% permanent disability. Applicant argued he met the 5% threshold under section 4751(a) because his prior left upper extremity disability and the subsequent injury affected the 'opposite and corresponding member' (right upper extremity). The Board agreed the prior injury arguably affected the left upper extremity but held that there was insufficient evidence the thyroid cancer's permanent disability affected the right upper extremity, as the IME's report (Dr. Markovitz) made no mention of the right upper extremity. The Board denied the Petition for Reconsideration.