Injured Worker v. California Highway Patrol, SIBTF

Practice Area: SIBTFWorkers Compensation
Date: October 21st, 2024
Outcome: SIBTF award for 100% disability (Estimated value in excess of $2,000,000)

A lieutenant of the California Highway Patrol sustained an industrial injury on 3/15/2018, resulting in GERD and dysphagia. This injury was settled by stipulation at a 6% disability rating. Additionally, the injured worker suffered cumulative trauma from 1/19/2018, to 1/19/2019, which resulted in hypertension. This latter injury was settled by stipulation at a 55% disability rating.
Following the settlement of his workers compensation claims, Silberman & Lam, LLP filed a subsequent injury benefits trust fund (SIBTF) due to the injured worker’s preexisting health conditions which includes allergic rhinitis/sinusitis, asthma, erectile dysfunction, obstructive sleep apnea and seborrheic dermatitis/keratosis.
After several hearings, Silberman & Lam, LLP secured an award of 100% disability against SIBTF on 10/21/2024. The injured worker was entitled to back benefits of $208,680.79 and received weekly payments of $1,269.27, which increases annually with cost-of-living adjustments (COLA). The award has an estimated present value over $2,000,000, based on average life expectancy.