Thomas Futterer — ADJ7529887, ADJ6968183, ADJ18578131

Firefighter Thomas Futterer sought Subsequent Injuries Benefits Trust Fund (SIBTF) benefits under Labor Code section 4751, contending that a December 23, 1989 industrial injury (ruptured biceps tendon) left him permanently partially disabled prior to subsequent injuries sustained between 1986 and 2010. The WCJ found that applicant did not have an actual labor-disabling disability at the time of the subsequent injuries because the medical evidence showed he had been rehabilitated from the 1989 injury. On reconsideration, the Board addressed whether a prior award of permanent disability automatically establishes that the disability is labor disabling and held that it does not. Applying Ferguson and Moyer, the Board concluded applicant's prior injury was not labor disabling at the time of the subsequent injury despite his testimony about ongoing symptoms and career limitations, because the medical evidence indicated an excellent recovery. The Board affirmed the December 28, 2022 Findings and Order.