Ware, Nadina

Applicant Nadina Ware, a speech therapist, sustained an industrial injury on April 29, 2013 (hypertension, CRPS, bilateral lower extremities) and sought Subsequent Injuries Benefits Trust Fund (SIBTF) benefits, claiming her subsequent injury combined with extensive preexisting disabilities caused permanent total disability. The WCJ found SIBTF liability for permanent total disability, and SIBTF petitioned for reconsideration arguing the findings were conclusory and unsupported by substantial evidence. The Appeals Board rescinded the Amended Findings and Award because the WCJ failed to make specific findings on the SIBTF eligibility requirements and failed to explain how preexisting and subsequent WPI ratings translated into permanent disability percentages. The Board found the medical reports of Drs. Miner and Baum deficient in that Dr. Baum assigned no specific WPI to preexisting conditions (merely stating they 'approximated 100%') and failed to explain his use of addition versus the combined values chart. However, the Board rejected SIBTF's argument that there was no contemporaneous evidence, finding both doctors reviewed records from 2011 onward and that applicant's testimony corroborated the prior medical evidence. The matter was remanded to the trial level for further proceedings.