Brown, Steve

Steve Brown sought reconsideration of a May 21, 2025 Findings and Order in which the WCJ found his application for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits was not timely filed and ordered him to take nothing. Brown's underlying industrial injury (DOI 5/25/12 through 5/28/13) settled in 2018 by Stipulation with Request for Award for 48% permanent disability, but he did not file his SIBTF claim until December 28, 2022, roughly ten years after injury. The WCJ concluded that because Brown was represented by counsel when he settled, he reasonably should have known of his substantial likelihood of SIBTF entitlement before the five-year mark, rendering the claim time-barred. The Appeals Board granted reconsideration, finding the record was not properly developed on whether Brown knew or reasonably should have known of a substantial likelihood of SIBTF eligibility. The Board deferred a final decision pending further review and ordered development of the record consistent with due process.