Hunter, James

Applicant James Hunter sought reconsideration of a January 7, 2025 Findings and Order denying his Subsequent Injuries Benefits Trust Fund (SIBTF) claim because his September 30, 2010 specific lumbar injury did not meet either the 35% permanent disability eligibility threshold or the 5% opposite and corresponding member threshold under Labor Code section 4751. Applicant argued his specific lumbar injury should be re-characterized as a cumulative trauma injury through his last day worked (approximately January 6, 2011) involving additional body parts, relying on med/legal reports obtained years later for the SIBTF claim. The Board, adopting the WCJ's Report, found that the SII was a final stipulated award of 10% PD for the lumbar spine only and could not be redefined as a broader cumulative trauma claim. The Board noted the WCJ erroneously applied apportionment but held that even without apportionment, applicant would only reach 20-22% PD, still below the 35% threshold. The Board also addressed timeliness under amended Labor Code section 5909, finding the petition was timely acted upon within 60 days of the April 11, 2025 transmission. Reconsideration was denied.