Gallant, Patrick

Applicant Patrick Gallant, a steward/carpenter for Santa Anita Racetrack, settled his cumulative trauma injury (1/1/2001-6/4/2010) for 63% permanent disability and later resolved a Petition to Reopen via Compromise and Release. He then sought SIBTF benefits, and the WCJ found combined disability of 100%, awarding life pension benefits. The SIBTF sought reconsideration arguing the record failed to establish preexisting labor-disabling psyche disability, that the WCJ failed to rate the preexisting disability, and failed to award proper credit. The Board affirmed the F&A but amended the commencement date of benefits to November 15, 2011 (per Brower and Guerrero), corrected a clerical error identifying SIBTF as the proper defendant, and admitted the AME report of Dr. Stalberg dated February 8, 2012 as Joint Exhibit 18. The Board rejected SIBTF's arguments, holding applicant need not prove preexisting disability was 'actually' labor disabling and that AME Stalberg's reporting constituted substantial evidence of preexisting psyche disability.