ManyMedical provides you with a network of certified medical experts who offer medical evaluations and Subsequent Injuries Benefit Trust Fund cases in the Southern and Northern California region. When you need reliable management and coordination of California Subsequent Injuries Benefit Trust Fund cases, we are here to assist you. We maintain the highest level of quality assurance and customer service in our SIBTF cases.
What is Subsequent Injuries Benefit Trusts Fund (SIBTF)?
The SIBTF, or Subsequent Injuries Benefits Trust Fund, is a fund established and administered by the California Division of Workers Compensation.
The employee must have a prior partial disability and a subsequent compensable injury;
The degree of disability caused by the combination of both disabilities must be greater than that which would have resulted from the subsequent injury alone;
The combined effect of the pre-existing disability and subsequent injury must be equal to or more than 70 percent; and
4.The employee’s condition meets one of the following:
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 the disability from the subsequent injury, 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 the total; or
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 the total.
The term “Subsequent Injury” is confusing to many people. The Subsequent Injury must be an industrial injury whereas the “Pre-existing disability” can be either industrial or non-industrial. The injury is deemed “Subsequent” because the injured must have a disability which pre-exists the “subsequent injury.” Some stakeholders have posited that a more accurate and descriptive term would be “Pre-existing Disability” Benefits Trust Fund rather than Subsequent Injury Benefits Trust Fund.
How much are SIBTF benefits?
SIBTF benefits are intended to provide compensation “for the remainder of the combined permanent disability existing after the last injury.” This amount is often reduced by the amount of compensation that the injured worker has received for the pre-existing disability (with some exceptions).
Disclaimer: The information in this article is for general information purposes and is not intended, nor should be it construed, as legal advice. You should consult with an attorney for legal advice on a specific matter.