What the panel ordered
Petition for Reconsideration denied by the Workers' Compensation Appeals Board on November 6, 2023, affirming the WCJ's decision that the SIBTF claim was timely filed and not barred by statute of limitations.
Petition for Reconsideration filed by Subsequent Injuries Benefits Trust Fund (SIBTF) challenging the WCJ's August 10, 2023 Findings of Fact, Order & Award denying the statute of limitations defense and finding the SIBTF claim was not time barred.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ properly applied the Talcott two-prong test for timeliness of SIBTF claims, finding no statute of limitations bar because the applicant filed within a reasonable time after learning of probable liability from the WCAB's findings. The Board found no evidence to disturb the WCJ's credibility findings and no Board finding of permanent disability existed to trigger the limitations period earlier.
From the decision · page 1Subsequent Injuries Benefits Trust Fund (SIBTF) seeks reconsideration of the August 10, 2023 Findings of Fact, Order & Award, wherein the workers' compensation administrative law judge (WCJ) found that applicant's SIBTF claim was not time barred.