WCAB PROCEDURE– Subsequent Injuries Fund Claim– Labor Code §4751– If a disability for which benefits are claimed from the Subsequent Injuries Fund is a component part of a cumulative trauma or occupational disease, there is no pre-existing disability for which the Subsequent Injuries Fund is liable. (See Brown v. Workers' Comp. Appeals Bd. (1971) 20 Cal.App.3d 903.) Jaime Shaw v. Workers' Compensation Appeals Board, State of California, Department of Corrections. 6 WCAB Rptr. 10,159

WCAB PROCEDURE– Subsequent Injuries Fund– No Labor Code section specifically prescribes the time limitation on proceedings for the recovery of Subsequent Injuries Fund benefits, but limitations for proceedings against employers in Labor Code §§5404-5412 have been applied. Chuck Cake as Acting Director of the Department of Industrial Relations as Administrator of the Subsequent Injuries Fund v. Workers' Compensation Appeals Board (Bette J. Zimmer) 5 WCAB Rptr. 10,341

WCAB PROCEDURE– Subsequent Injuries Fund– The five year limitation of Labor Code §5405 does not bar a claim, when the employee does not know and could not reasonably be deemed to know that there will be a substantial likelihood he will become entitled to subsequent injuries benefits. (See Subsequent Injuries Fund v. Workers' Comp. Appeals Bd. (Talcott) (1970) 2 Cal.3d 56.) Chuck Cake as Acting Director of the Department of Industrial Relations as Administrator of the Subsequent Injuries Fund v. Workers' Compensation Appeals Board (Bette J. Zimmer) 5 WCAB Rptr. 10,341

WCAB PROCEDURE– Subsequent Injuries Fund– Labor Code §4751– The Subsequent Injuries Fund is a creature of statute and only has liability as specified by the Legislature. (See Symar, Inc. v. Workers' Comp. Appeals Bd. (1982) 135 Cal.App.3d 65.) A prerequisite for Subsequent Injuries Fund benefits is a subsequent compensable industrial injury. (See Subsequent Injuries Fund v. Industrial Accident Commission (Patterson) (1952) 39 Cal.2d 83.) Ernest Wright v. Workers' Compensation Appeals Board, Pacific Gas and Electric. 5 WCAB Rptr. 10,087

WCAB PROCEDURE– Subsequent Injuries Fund– Labor Code §4751 requires an applicant who claims Subsequent Injuries Fund benefits to establish the presence of a permanent disability which pre-existed the subsequent injury. The rules for determining pre-existing disability for apportionment under Labor Code §4750 and for determining entitlement to benefits from Subsequent Injuries Fund are the same: there must be evidence of pre-existing disability upon which an award of permanent disability could have been made had the disability been industrially caused, i.e., the disability must have been a ratable permanent disability. Richard Sams v. Workers' Compensation Appeals Board (Richard Sams) 5 WCAB Rptr. 10,071

WCAB PROCEDURE– Subsequent Injuries Fund credit for pre-existing disability or impairment– Labor Code §4753– The Subsequent Injuries Fund make take a monetary credit for payments received by the employee from any source, but only when such payment can be shown or proven was on account of a pre-existing disability or impairment. Raymond Ybarra v. Workers' Compensation Appeals Board, Subsequent Injuries Fund. 4 WCAB Rptr. 10,307

WCAB PROCEDURE– Subsequent Injuries Fund credit for pre-existing disability or impairment – Labor Code §4753– Is the Subsequent Injuries Fund entitled to a credit received from any source only if it is show that the payment from that source was for or on account of a pre-existing disability or impairment? [In this case the disability-related retirement was based only on a subsequent orthopedic injury but the credit to SIF was based on a prior existing internal injury.] Raymond Ybarra v. Workers' Compensation Appeals Board, Subsequent Injuries Fund. 4 WCAB Rptr. 10,201