Whisnant, Karen

Karen Whisnant had prior physical injuries and sustained a subsequent industrial psyche injury during a bank robbery, then sought SIBTF benefits. The parties stipulated her subsequent psyche injury was 75% industrial (causation-based apportionment under section 4663); without apportionment it rated 42% PD, but with apportionment only 32%. The sole dispute was whether apportionment based on causation of injury applies in calculating the 5% or 35% subsequent permanent disability threshold for SIBTF eligibility under section 4751. The WCJ had found apportionment based on normal progression of nonindustrial disease was permitted but apportionment under section 4664 was not. The Board affirmed the underlying finding of eligibility but amended it to hold that apportionment is not considered at all when determining the SIBTF eligibility threshold, relying on Bookout and Todd. Applicant therefore qualifies for SIBTF benefits.