Jean C Bessette — ADJ10793343

Applicant Jean C. Bessette, a custodian, sustained industrial cumulative trauma injury (Oct. 1, 2015 to Oct. 1, 2016) to multiple body parts and sought SIBTF benefits based on substantial pre-existing disability from decades of head trauma, seizures, psychiatric conditions, and internal ailments. The WCJ found applicant eligible for SIBTF and 100% permanently disabled, with SIBTF entitled to a credit for the $60,000 OACR but not against long-term disability benefits. SIBTF sought reconsideration, arguing the WCJ failed to make specific PD findings for subsequent versus pre-existing disability, improperly relied on consultation reports, and that applicant did not meet the 35% threshold. The Appeals Board affirmed the F&A but amended Finding of Fact 1 to conform to the stipulated period of injury and body parts (adding shoulders and removing the improperly-added arousal disorder and sleep disturbance). The Board recalculated the 35% threshold (41% subsequent injury disability excluding apportionment) and the combined permanent disability (121%), both exceeding statutory thresholds.