Thomas Futterer — ADJ7529887, ADJ1857813

Firefighter Thomas Futterer sought Subsequent Injuries Benefits Trust Fund (SIBTF) benefits under Labor Code section 4751, claiming a pre-existing labor-disabling permanent partial disability stemming from a December 23, 1989 right biceps tendon injury (17% PD) that combined with subsequent injuries to reach 70% or more total disability. The WCJ denied benefits, finding applicant did not have an actual labor-disabling disability at the time of the subsequent injuries because he had fully recovered from the 1989 injury. On reconsideration, the WCAB found that the WCJ and parties erroneously treated multiple injuries as the 'subsequent compensable injury,' which under section 4751 and Hernandez (Appeals Board en banc) must be a single injury, though prior disability may comprise multiple prior injuries. Because of this error, the Board could not determine eligibility and rescinded the July 15, 2019 Findings and Order, returning the matter to the trial level for further proceedings.