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  1. #1
    Join Date
    May 2009
    Posts
    158

    Default Subsequent Injuries Benefit Trust Fund (SIBTF)

    hi everyone

    i was looking on the wcomp/dir website and read about this fund for the injured workers called subsequent injuries benefits trust fund..there is not much info really but it seems to be something worth looking into.

    is this benefit still available and worth pursuing.? does anyone here know of this and how it works.? thanks

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Sibtf

    Do you have a subsequent injury...?
    Can you provide more info on what you are looking for ?

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Sibtf

    There is a labor code that defines the benefit you are asking about.
    http://www.leginfo.ca.gov/cgi-bin/di...file=4751-4755
    LABOR CODE
    SECTION 4751-4755





    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.
    The rules for SIF benefits are very specific, and as noted above, are not in addition to your current benefits, but totally seperate, and reduced by the benefits you have received from the current/prior claim. (underling emphysis added)

  4. #4
    Join Date
    May 2009
    Posts
    158

    Default Re: Subsequent Injuries Benefit Trust Fund (SIBTF)

    hi there, yes bvIA there are two injuries in different years for same job
    employer. there also was apportionment on one of the injuries,i am not
    sure how much but it was a lot.

    its a bit hard to understand the labor code be cause it does not address
    how apportionment would affect this benefit.? or at least i didnt quite
    understand it right.

    is it the combined disability of both injuries of 70% or higher without any
    apportionment..? this i dont understand......

    any help is appreciated,thank you bvIA

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Subsequent Injuries Benefit Trust Fund (SIBTF)

    SIF benefits are confusing, and difficult.
    You didn't say what you are attempting to do ????

    there also was apportionment on one of the injuries,i am not
    sure how much but it was a lot.
    Apportionment to cause is... in the first injury you are rating PD/WPI of ie 24%... in the subsequent injury/claim the rating is 58%PD/WPI... you can only be 100%PD/WPI.... so the 58% is reduced to
    34% due to the prior rating of 24%. It would be very difficult to qualify for benefits under the SIF labor code. When you add the new PDRS into the equations... as it is VERY VERY difficult to get even a 70% PD/WPI under the new rules for rating disabilities... you are facing even more difficulty in qualifying for SIF benefits.
    This applies to those IW with the most significant and severe of injuries... and as the code says...these are not in addition to regular benefits...but subject to reduction.

    You need to discuss this with an I&A officer at the WCAB and/or a DEU representative.
    It almost comes down to the fact you can type a post here would indicate you are not eligible for these further benefit consideration.

  6. #6
    Join Date
    May 2009
    Posts
    158

    Default Re: Subsequent Injuries Benefit Trust Fund (SIBTF)

    thanks bvIA , i will call the i&a people and ask some questions.. and let me
    say thanks again for your help...
    i have read a lot of the posted questions here and i think you do a great job
    helping everyone and giving so much of your time to us.....
    thank you

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