RAWA Law Group APC

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SIBTF Requirements

Practice Areas
MAIN OFFICE

5843 Pine Ave Suite A Chino Hills CA 91709

E-MAIL

info@rawalaw.com

TELEPHONE

844-444-1400

WORKING HOURS

Monday to Friday
From 8:00 am to 5:00 pm

SIBTF REQUIREMENTS

To reach SIF liability, the injured worker has meet the INDUSTRIAL THRESHOLD:

The Pre-existing Disability

Once Industrial Threshold was met there is another requirement, an “OVERALL THRESHOLD” which is: the calculation of the PD from the pre-existing disability or impairment PLUS the PD from the Worker’s Compensation Injury known as Subsequent Industry must equal 70% PD or greater.

The Pre-Existing Injury must meet the following criterias:

1. The pre-existed injury must be labor disabling:

The Pre-existed must be ratable injury: The pre-existing condition must have been labor disabling, as it has been defined by the Courts as any condition that would be ratable if it had been caused by an industrial injury. Pursuant to Escobedo v. Marshalls (2005) 70 CCC 604, 19 [en banc], “…the chief requirement for SIF benefits is that the condition must have been ‘labor disabling’ prior to the occurrence of the subsequent industrial injury. (Ferguson v. Industrial Acc. Com. (1958) 50 Cal.2d 469, 477 [326 P.2d 145]23 CCC 108]; Franklin v. WCAB 79 Cal.App.3d at pp. 237-238.)”

The Pre-existed must simply be a disability for which partial permanent could be made if it were industrial: An injured worker to be entitled to SIBTF benefits, his prior permanent disability need not have caused actual earnings loss; the Court cited in Brown v.WCAB & SIF 36 CCC 627 (1971): “Although the prior disability need not be reflected in the form of loss of earnings, if it is not, it must be of a kind upon which an award for partial permanent disabilities could be made had it been industrially caused. This is necessary to distinguish it from a “lighting up” aggravation, or acceleration of the pre-existing physical condition where the employer is to be held liable for the whole.”(36 CCC 635).

1. The Pre-existing disability for SIF purposes must be existed at the time of the subsequent industrial injury occurred: Pursuant to Bachrach case (SIF v. IAC (Bachrach)) 147 Cal. App. 22 818 , the existence of a non-disabling pathological condition is not sufficient to justify entitlement to SIF benefits. Further according to Franklin v. WCAB (1978) 79 Cal. App.3rd 224, a retroactive prophylactic work restriction will not support SIF liability. Additionally, an SIF applicant cannot rely upon a retroactive assignment of disability in the absence of contemporaneous evidence to meet applicant’s burden of proof.

If you’re suffering from an occupational disease, don’t wait to get the legal help you need.

Contact RAWA Law Group APC

If your Workers Compensation claim is settled and have believe that you have a (SIBTF) Subsequent Injury Fund Claim, Contact Rawa Law Group at 844-444-1400

Your Rights, Our Fight
IF YOU HAVE ENCOUNTERED ANY OF THE FOLLOWING, WORK WITH THE BEST!

Workers'Comp Practice Areas

At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:
[cbs_slider category="workers-compensation"]
Workers'Comp Practice Areas
At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:
[cbs_slider category="workers-compensation"]

Personal Injury Practice Areas

At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include:
[cbs_slider category="personal-injury"]
Personal Injury Practice Areas
At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include:
[cbs_slider category="personal-injury"]