Mark Whisnant — ADJ8121665

Applicant Mark Whisnant sought reconsideration of a January 24, 2020 Findings and Order denying his eligibility for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits, where the WCJ found he failed to meet either the 5% (with opposite and corresponding member) or 35% permanent disability threshold for the subsequent injury. Applicant suffered numerous industrial and non-industrial injuries while employed by Sears, and the alleged subsequent injury was a cumulative trauma ending December 6, 2010 to his bilateral hands, nervous system/psychiatric, and headaches. AME Dr. Feinberg authored 16 reports referencing only the August 15, 2003 specific injury and the cumulative trauma through December 4, 2007, but never mentioned the December 6, 2010 cumulative trauma injury. The Board, applying Todd v. SIBTF, found the case turned on the second SIBTF element (subsequent compensable injury threshold) and, despite skepticism that applicant could meet the 35% threshold, exercised its discretionary authority to develop the record on due process grounds. The Board rescinded the Findings and Order and returned the matter to the trial level to clarify the timeframe of Dr. Feinberg's cumulative trauma opinions.