Daniels, Matthew

Matthew Daniels sustained an industrial bilateral knee injury on 12/12/18 while working as a stock clerk for Safeway, settled by Compromise and Release at 66% PD, and sought SIBTF benefits based on two prior wrist injuries (2010 left wrist settled at 7% PD and 2015 right wrist/hand/upper extremity settled at 10% PD). The WCJ found a combined permanent disability of 83% and rejected applicant's experts who opined he was 100% disabled, finding their reports relied on retroactive prophylactic work restrictions lacking contemporaneous support. The Appeals Board granted reconsideration, holding that a Compromise and Release is a compromise, not a finding of permanent disability, and that the WCJ failed to explain why applicant's experts (who reviewed records dating back to 2004) constituted retroactive prophylactic restrictions or lacked contemporaneous evidentiary basis. The Board rescinded the Findings and Award and substituted a new decision deferring the issue of SIBTF benefits.