Subsequent Injuries Benefits Trust Fund v. Workers Comp. App. Bd.

Filed 7/15/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

SUBSEQUENT INJURIES 2d Civ. No. B333633 BENEFITS TRUST FUND, (W.C.A.B. No. ADJ11362885) (Santa Barbara District Office) Petitioner,

v.

WORKERS’ COMPENSATION

APPEALS BOARD et al.,

Respondents.

Petitioner Subsequent Injuries Benefits Trust Fund (Fund) pays additional compensation to workers who suffer an industrial injury that, when combined with pre-existing disabilities, causes permanent disability equal to 70 percent or more. (Labor Code, § 4751. 1) Section 4753 requires this additional compensation to “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.” This reduction or “credit” preserves state resources by ensuring applicants receive

1 All statutory references are to the Labor Code unless

stated otherwise. benefits commensurate with their combined disabilities—no more, no less. Respondent Nancy Vargas applied for subsequent injury benefits when she injured her foot at work. The Fund…