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  1. #1
    mike Guest

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    I have a question about the Subsequent Injuries Fund, My DOI was May of 03, I have had four surgeries on my knees and right foot, I am currently waiting to have a total right knee replacement around Sept. I have not been given a PD rating. In 1996 I was awarded a Total Disability through SSDI for different injuries, I eventually forced myself back to work, until I had my accident at work. I have heard that if your Workers Compensation injury is rated at 35 percent or higher, that I could possibly combine my previous disability with the Workers Comp injury and recieve a higher award. Can anyone give me more info on the subsequent injuries fund, and what I need to do in the event that I am rated at or over 35 percent?

  2. #2
    maria Guest

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    Subsequent Injuries Benefit Trust Fund pays the difference between your WC Award and your total disability IF, your total disability from the WC injury and prior injury/disability is more than 70% AND the WC injury alone is 35% or more.

    Once you have the P&S report, or final report finding you have reached MMI and assessing your permanent disability, IF your averal combined disability is more than 70% AND the WC portion is at least 35%, you should have a petition for benefits filed with the SIBTF.

  3. #3
    mike Guest

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    Thanks Maria,
    So will SIBTF put a number or rating on my previous injury/disability? How do they go about that?

  4. #4
    maria Guest

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    The doctor who rates you for your WC case will give one overall rating. He will then "apportion" to the prior disability, if any.

    Let's say you are NOW 85% disabled by the WC doctor and he says that 20% of your disability is due to the prior, non-industrial injury (that which put you on SSDI, but that you are no longer 100% from).

    Your WC case would settle for 68%.
    SIBTF would be liable for the difference between 85% and 68%, which can be huge.

  5. #5
    Join Date
    Oct 2007
    Posts
    2

    Default Re: Subsequent Injuries Fund

    I injured my back 2002 Ca. I have a pre exixting disability of both eyes can I file a claim for combine disabilities?

  6. #6
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Subsequent Injuries Fund

    you have to have a rating where the combined effect is at 70%

  7. #7
    Join Date
    Oct 2007
    Posts
    2

    Unhappy Re: Subsequent Injuries Fund

    Back rated 69 percent both eyes over 35 percent eyes are preexisting condition

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Subsequent Injuries Fund

    Section o 4751 of the Labor Code provides for the qualification for the SIF benefits...pay attention to subdivisions (a) and (b) for the body parts covered by the benefit.
    Also note that section 4753 provides that the benefits from the SIF are not in addition to your other benefits from your injury...a benefit from the SIF doesn't mean you will be getting more money.

    4751. If an employee who is permanently partially disabled receives
    a subsequent compensable injury resulting in additional permanent
    partial disability so that the degree of disability caused by the
    combination of both disabilities is greater than that which would
    have resulted from the subsequent injury alone, and the combined
    effect of the last injury and the previous disability or impairment
    is a permanent disability equal to 70 percent or more of total, he
    shall be paid in addition to the compensation due under this code for
    the permanent partial disability caused by the last injury
    compensation for the remainder of the combined permanent disability
    existing after the last injury as provided in this article; provided,
    that either

    (a) the previous disability or impairment affected a
    hand, an arm, a foot, a leg, or an eye, and the permanent disability
    resulting from the subsequent injury affects the opposite and
    corresponding member, and such latter permanent disability, when
    considered alone and without regard to, or adjustment for, the
    occupation or age of the employee, is equal to 5 percent or more of
    total, or

    (b) the permanent disability resulting from the subsequent
    injury, when considered alone and without regard to or adjustment for
    the occupation or the age of the employee, is equal to 35 percent or
    more of total.


    4753. Such additional compensation is not in addition to but shall
    be reduced to the extent of any monetary payments received by the
    employee, from any source whatsoever, for or on account of such
    preexisting disability or impairment, except as to payments being
    made to the employee or to which he is entitled as a pension or other
    compensation for disability incurred in service in the armed forces
    of the United States, and except as to payments being made to him or
    to which he is entitled as assistance under the provisions of Chapter
    2 (commencing with Section 11200), Chapter 3 (commencing with
    Section 12000), Chapter 4 (commencing with Section 12500), Chapter 5
    (commencing with Section 13000), or Chapter 6 (commencing with
    Section 13500) of Part 3, or Part 5 (commencing with Section 17000),
    of Division 9 of the Welfare and Institutions Code, and excluding
    from such monetary payments received by the employee for or on
    account of such preexisting disability or impairment a sum equal to
    all sums reasonably and necessarily expended by the employee for or
    on account of attorney's fees, costs and expenses incidental to the
    recovery of such monetary payments.
    All cases under this section and under Section 4751 shall be
    governed by the terms of this section and Section 4751 as in effect
    on the date of the particular subsequent injury.

    http://www.leginfo.ca.gov/cgi-bin/di...file=4751-4755

  9. #9
    Join Date
    Jul 2011
    Posts
    1

    Default Re: Subsequent Injuries Fund

    Quote Quoting maria View Post
    Subsequent Injuries Benefit Trust Fund pays the difference between your WC Award and your total disability IF, your total disability from the WC injury and prior injury/disability is more than 70% AND the WC injury alone is 35% or more.

    Once you have the P&S report, or final report finding you have reached MMI and assessing your permanent disability, IF your averal combined disability is more than 70% AND the WC portion is at least 35%, you should have a petition for benefits filed with the SIBTF.
    Can a petitioner request a lump sum or sell part or all of this settlement

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Subsequent Injuries Fund

    Can a petitioner request a lump sum or sell part or all of this settlement
    IW can petion the WCAB for a commutation of any remaining PPD indemnity due... there would be a statutory 3% discount taken IF you are awarded the lump sum commutation. You have to prove financial need.
    No..you cannot 'sell' a PPD award.

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