Subsequent Injuries Benefits Trust Fund v. Workers' Comp. etc.

Good Law
Court of Appeal of CaliforniaAugust 13, 2024B333633MCalifornia2,767 words

Opinion

Opinion

Cody, J.

Filed 8/13/24 (unmodified opn. attached)

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,

ORDER MODIFYING

v. OPINION AND DENYING

REHEARING

WORKERS’ COMPENSATION [No Change in Judgment] APPEALS BOARD and

NANCY VARGAS,

Respondents.

THE COURT:

It is ordered that the opinion filed herein on July 15, 2024, be modified as follows: On page 4, first full paragraph, the last sentence beginning “The Fund thus proposed” is deleted and the following sentence is inserted in its place: The Fund thus proposed it be granted a credit equal to 74 percent of the applicant’s SSDI benefits: her stipulated 26 percent subsequent injury rating subtracted from her 100 percent SSDI award. There is no change in judgment.

Appellant’s petition for rehearing is denied.

GILBERT, P.J. BALTODANO, J. CODY, J.

2 Filed 7/15/24 (unmodified opinion)

CERTIFIED FOR PUBLICATION

IN…

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