Alejandro Cabrera — ADJ14744840, ADJ12837154

Applicant Alejandro Cabrera sought reconsideration of a Joint F&O denying SIBTF benefits, where the WCJ found a 17% permanent disability after apportionment and concluded applicant failed to meet the 70% threshold under Labor Code section 4751. The Board granted reconsideration and rescinded the F&O. It found the WCJ erred by consolidating and adjudicating injury AOE/COE in ADJ14744840 (which had already been resolved by Compromise and Release) and by improperly applying apportionment when assessing the subsequent permanent disability threshold under section 4751(b). The Board substituted a finding that applicant had 7% preexisting permanent disability from obstructive sleep apnea, deferred the issues of preexisting coronary heart disease disability, the 35% subsequent disability threshold, and the combined 70% threshold, and returned the matter to the trial level for further development of the record.