Baker v. WCAB
H043291
| Cal. Ct. App. | Jul 28, 2017Background
- Jim Guerrero, a construction laborer, suffered a work injury; he received temporary disability benefits and later a lump-sum compromise resolving his employer’s permanent disability obligation.
- Guerrero claimed Subsequent Injuries Benefits Trust Fund (SIBTF) benefits, asserting a preexisting disability combined with the work injury produced >=70% permanent disability; an ALJ found him eligible.
- The ALJ set the SIBTF payment start date as June 16, 2006 — the day after temporary disability benefits ended — rather than the date the injury was declared permanent and stationary (January 26, 2011).
- SIBTF (through the Director of Industrial Relations) argued SIBTF payments should start only upon a permanent and stationary finding, relying on §4751 and on historical practice.
- The Workers’ Compensation Appeals Board denied SIBTF’s reconsideration; the Court of Appeal granted review to decide when SIBTF payments must commence.
- The court framed the dispute as a pure question of statutory interpretation reviewed de novo, but with deference to the Appeals Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When must SIBTF payments begin? | (SIBTF) Payments begin when injury is declared permanent and stationary. | SIBTF payments must start when employer’s obligation to pay permanent disability begins (i.e., when temporary disability ends). | Held: SIBTF payments commence when employer’s obligation to pay permanent disability begins (when temporary disability payments cease). |
Key Cases Cited
- Baker v. Workers’ Comp. Appeals Bd., 52 Cal.4th 434 (connection between entitlement to permanent disability payments and related benefits)
- Subsequent Etc. Fund v. Industrial Acc. Com., 39 Cal.2d 83 (SIBTF is not treated as an employer for payment-timing rules)
- Wright v. State of California, 233 Cal.App.4th 1218 (workers’ compensation statutes should be construed to provide coverage/payments where reasonable)
- Tanimura & Antle v. Workers’ Compensation Appeals Bd., 157 Cal.App.4th 1489 (standard of review for legal questions where facts are undisputed)