Silvia Fernandez — ADJ9928682

Applicant Silvia Fernandez sustained a cumulative industrial injury (June 10, 2014 to April 21, 2015) to her neck, shoulders, and elbows while working as an assembler/quality control inspector. She sought SIBTF benefits under Labor Code section 4751, claiming her overall permanent disability was 100% when combining her subsequent injury with preexisting spinal, knee, and psychiatric conditions. The WCJ denied SIBTF benefits, finding applicant met the 5% threshold and had a preexisting labor-disabling condition but failed to demonstrate 70% or greater combined permanent disability. On reconsideration, the WCAB found the QME reports of Dr. Ambrose and Dr. Lopez did not constitute substantial medical evidence of preexisting labor-disabling permanent partial disability because they relied on post-injury measurements and retroactive work restrictions without contemporaneous, objective pre-injury evidence. The Board rescinded the Findings and returned the matter to the WCJ for further development of the record.