The Calif. Director of Industrial Relations as Administrator of the Subsequent Injuries Benefits Trust Fund filed a Petition for Writ of Review in XYZZX SJO2 v. SIBTF (WCAB panel decision). To download the Petition, click here. The California Court of Appeal granted writ of review on June 30, 2009 (H034040).

In XYZZX SJO2, the WCAB panel held that Calif. Labor Code § 4659(c) entitles applicants to increased permanent disability or life pension payments beginning the first January 1 after the date of injury, no matter when the first payment is received, to protect the injured worker from inflation, and that the applicant accountant/controller/program director in this case with a combined permanent disability of 100 percent as a result of 1/20/2004 injuries to his hearing, psyche, right hand, spine, jaw and in the forms of  post-concussion headaches and dizziness, and a pre-existing disability caused by HIV and Hepatitis B, was entitled to increases in permanent total disability beginning 1/1/2005.

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