WCPanelIQ
PanelDenied

Viviana Greene — ADJ8387927

VIVIANA GREENE, Applicant vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendant

ADJ number
ADJ8387927
Decision date
Jun 18, 2026
District office
San Francisco
WCJ
—
Claim administrator
Subsequent Injuries Benefits Trust Fund
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: allergic rhinitis, irritable bowel syndrome (IBS), gastroesophageal reflux disease (GERD), dermatitis/skin (rash), eyes/vision (congenital eye condition)

LC §5909LC §5900LC §5902LC §5903LC §4751LC §5950CCR §10945CCR §10972

Summary

Viviana Greene, in pro per, sought reconsideration of a March 3, 2026 Opinion and Decision After Reconsideration (ODAR) that affirmed a May 24, 2022 Findings of Fact & Award finding no preexisting labor disabling impairment for her allergic rhinitis, IBS, GERD, and dermatitis. She argued that her 73% disability rating for the November 4, 2010 injury and the 98% combined SIBTF rating wrongly excluded preexisting conditions including a congenital eye condition, and that she was entitled to 100% permanent disability. The Board denied reconsideration, holding the petition was procedurally barred as an impermissible successive petition and substantively deficient because she failed to prove a preexisting labor disabling impairment under Labor Code section 4751. The Board found newly attached medical reports were not properly admitted, were not newly discovered, and would not cure her evidentiary defect even if considered.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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