SUBSEQUENT INJURY FUND REPRESENTATION

What is an SIBTF Case?

SIBTF cases provide additional benefits under specified circumstances when an employee with a prior disability suffers a subsequent workplace injury.

Labor Code 4751

If an employee who is permanently partially disabled receives a subsequent compensable injury resulting in additional permanent partial disability so that the degree of disability caused by the combination of both disabilities is greater than that which would have resulted from the subsequent injury alone, and the combined effect of the last injury and the previous disability or impairment is a permanent disability equal to 70 percent or more of total, he shall be paid in addition to the compensation due under this code for the permanent partial disability caused by the last injury compensation for the remainder of the combined permanent disability existing after the last injury as provided in this article; provided, that either the previous disability or impairment affected a hand, an arm, a foot, a leg, or an eye, and the permanent disability resulting from the subsequent injury affects the opposite and corresponding member, and such latter permanent disability, when considered alone and without regard to, or adjustment for, the occupation or age of the employee, is equal to 5 percent or more of total, OR (b) the permanent disability resulting from the subsequent injury, when considered alone and without regard to or adjustment for the occupation or the age of the employee, is equal to 35 percent or more of total.

What is a Pre-Existing Disability?

The Pre-existing disability for SIF purposes must have been present at the time of the subsequent industrial injury. To be entitled to SIBTF benefits, applicant’s prior permanent disability need not have caused actual earnings loss; it must simply be a disability for which partial permanent could be made if it were industrial.