The Subsequent Injuries Benefits Trust Fund (SIBTF)
Patients may qualify for the additional disability benefits provided by SIBTF regardless of the origination of their labor disabling condition. This includes congenital disease, prior industrial injury, a slip and fall, and more.
Also known as the Subsequent Injuries Fund, SIBTF is meant to provide disability payments in the event of workplace injuries that cause permanent disability. This limits liability on the part of the employer and allows the injured employee to access additional compensation.
Labor Code 4751 says the applicant must meet these 5 criteria to qualify for benefits:
- An applicant must have a pre-existing disability that was actually labor disabling and could have been rated as permanent partial disability (PPD) at the time they suffered the subsequent industrial injury.
- The subsequent industrial injury must be compensable and have resulted in additional PPD.
- The combination of the pre-exisitng disability and the disability from the subsequent industrial injury must be greater then the subsequent industrial injury alone.
- The combined permanent disability must rate 70% or more.
- Either the previous labor disabling disability affected a hand, arm, foot, leg or eye and the PPD from the subsequent injury affects the opposite and corresponding member and equals a rating of 5% or more, OR the PPD from the subsequent industrial injury, unadjusted, is equal to a standar rating of 35% or more.
Navigating the SIBTF evaluation process is cumbersome.
But creating space for SIBTF applicants isn’t only important for injured workers.
Embracing SIBTF as a key component of your firm can give you a niche not many attorneys understand. In addition, it is a long-term revenue stream for your firm.
Doctors licensed to do QMEs can add a valuable revenue stream while supporting workers in need. SIBTF evaluations are added revenue beyond the traditional work comp QME
Working with SIBTF applicants is then not only good for the injured worker…
It can change how you do business.
Important disclaimer: We are not a law firm and do not give legal advice. Nothing on this site is meant to be legal advice but is only for reference and general information. DWA uses attorneys and paralegals to assist with legal matters.
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