WCPanelIQ
PanelDenied

Ruth Cisco — ADJ6866699

RUTH CISCO, Applicant vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number
ADJ6866699
Decision date
May 17, 2021
District office
Santa Rosa
WCJ
Katie F. Boriolo
Claim administrator
Subsequent Injuries Benefits Trust Fund (SIBTF)
Commissioners
—

Injury / body parts: right ankle, right foot, psyche, headaches, teeth, fingers

LC §4751LC §4752LC §4753LC §4754LC §4755LC §4900LC §4902LC §5300LC §5307LC §5408LC §3202CCR §10348

Summary

Ruth Cisco sustained an admitted industrial injury on October 2, 2007 to her right ankle, right foot, psyche, headaches, teeth and fingers while working as a nanny. Her underlying claim settled at 69% permanent disability, and she qualified for SIBTF benefits resulting in 100% combined permanent disability. The sole disputed issue was whether the WCJ or WCAB has authority to order the SIBTF to pay settlement proceeds into a CPT Institute special needs trust to preserve the applicant's eligibility for government assistance benefits (SSDI, Medicare, MediCal, IHSS, housing subsidy). The WCJ found such authority exists, and the WCAB affirmed the December 14, 2020 Findings and Order, adopting the WCJ's Report and Opinion on Decision.

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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