EN BANC DECISION: ADD OR CVC ON SIBTF CASES

The WCAB issued an en banc decision in Richard Todd vs. Subsequent Injuries Benefit Trust Fund (2020 Cal. Wrk. Comp.P.D.LEXIS 35) involving a police officer with three prior Stipulated Awards (23%, 10%, 8%) and a final fourth award at 68%, after which he filed a claim for benefits against the SIBTF. There was no dispute the applicant was 100% nor that the various disabilities did not overlap; the main issue was whether to add vs. CVC the disabilities. The Board decided:
  1. There is no statute of limitations on filing a SIBTF claim, other than it must be reasonably timely from the PD determination by the Appeals Board; and
  2. Disabilities that do not overlap are to be added rather than subject to the combined values chart.

[COMMENT: The CVC still applies if there is overlap. Unknown if the SIBTF intends to file a writ of appeal.]