What the panel ordered
Petition for Reconsideration granted; WCJ's Findings of Fact and Orders of December 8, 2023 rescinded; matter returned for further development and decision.
Petition for Reconsideration granted; WCJ's Findings of Fact and Orders of December 8, 2023 rescinded; matter returned for further development and decision.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ's original decision found only a 10% pre-existing permanent disability to the lumbar spine and no other pre-existing labor-disabling disabilities.
Favours neutral
This finding was rescinded because the record was not sufficiently developed to support or refute additional pre-existing disabilities.
From the decision · page 1In these proceedings to secure benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF), applicant seeks reconsideration of a workers' compensation administrative law judge's (WCJ) Findings of Fact and Orders of December 8, 2023, wherein, as applicable to the instant Petition, it was found that applicant did not have pre-existing labor-disabling disability at the time of his May 18, 2012 industrial injury besides a 10% permanent disability to the lumbar spine that was stipulated between the parties. SIBTF admits to applicant being 84% permanently disabled, with 10% attributable to pre-existing disability to the lumbar spine and 74% attributable to the subsequent industrial injury. However, applicant contends that he is permanently totally disabled and had pre-existing, labor-disabling permanent disability in the forms of migraines, gastroesophageal reflux disease, hepatitis C, hypertension, urinary dysfunction, vision loss, sleep disorder, cognitive impairment, psychiatric disability, and lower digestive tract disability.