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PanelDenied

Shela Barker — ADJ8497367, ADJ12277397, ADJ11229752

SHELA BARKER, Applicant vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendant

ADJ number: ADJ8497367, ADJ12277397, ADJ11229752
Decision date: Sep 23, 2026
District office: Sacramento
WCJ: Darcy Kosta
Claim administrator: State Compensation Insurance Fund
Commissioners: —

Injury / body parts: psyche

LC §4758LC §5904LC §4750LC §4754.1LC §4754.2LC §4753LC §4757CCR §10955

Summary

Applicant Shela Barker sought removal or reconsideration of a July 2, 2026 Minutes of Hearing order in which the WCJ took her SIBTF claim off calendar while the underlying claims against her employer proceeded to trial first. Barker argued irreparable harm because this would subject her SIBTF claim to new SIBTF reforms signed into law on July 13, 2026, depriving her of safe harbor protections under Labor Code section 4758. The Board treated the petition as one for removal because the off-calendar order was interlocutory (SIBTF was not dismissed, only continued). The Board agreed with the WCJ that applicant's April 30, 2026 Declaration of Readiness, which listed only 'settlement' as an issue and stated the SIBTF claim was dependent on the industrial determination, did not satisfy the safe harbor of section 4758(a)(3) because it did not indicate the SIBTF claim was ready to proceed to trial. Removal was denied.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.