RAWA Law Group APC

Experienced. Aggressive. Trial Lawyers. Abogados Litigante. Experiencia. Agresividad.

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  • Long Beach
  • Anaheim
  • Chino Hills
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844-444-1400
844-444-1400
Get the Justice and Compensation You Deserve with Expert Workers Compensation Lawyer Help!

SIBTF Requirements

Practice Areas

Automobile Accident
Truck Accident
Motorcycle Accident
Bicycle Accident
Pedestrian Accident
Slip and Fall Accident
Premises Liability
Product Liability
Medical Malpractice
Dog Bites
Wrongful Death
Defective Drugs
Class Action
Rear End Accidents
Drunk driving accident attorney
Passenger Accident
Heavy equipment accident attorney
Nursing home neglect attorney
Defective product attorney

What is Workers’ Compensation?
What to do After a Work Injury
Injured Worker Right to Medical Treatment
Injured Worker Rights To Temporary Disability Benefits
Injured Worker Right’s To Permanent Disability Benefits
Injured Worker’s Rights to Voucher
Injured Worker’s Rights to Death Benefits
Discrimination Against Injured Worker
Workers’ Comp Settlement Options
Serious & Willful Claim
Catastrophic Injury attorney
Workplace Injuries
Repetitive Stress Injuries
Occupational Diseases
Construction Accidents
Slip and Falls at Work
Workplace Chemical Exposure
Hearing Loss Claims
Workers’ Compensation Appeals
Burn Injuries
Brain Injuries
Spinal Cord Injuries
Denied Workers’ Compensation Claims
Delayed Workers’ Compensation Claims
Disability Claims
Medical Benefits Claims
Liability Claims
Back and Neck Injuries
Fatal Workplace Accidents
Office-Related Injuries
Workers’ Compensation Benefits for Coronavirus

Undocumented Workers

Harassment and Discrimination Attorney
Job discrimination attorney
Wrongful termination attorney
Pregnancy discrimination attorney
Age discrimination attorney
Disability discrimination attorney
Racial discrimination attorney
Religious discrimination attorney
Gender discrimination attorney
Sexual harassment attorney
Whistleblower attorney
Glass ceiling attorney
Lactation accommodation attorney
Non-Competition Clauses
Employment At-Will & Breach of Employment Contract
Implied & Oral Contracts

Unpaid Wages & Overtime
Unpaid Wages & Overtime Attorney
Overtime Exemption
Overtime Executive Exemption
Overtime Administrative Exemption
Overtime Professional Employee Exemption
Overtime Computer Professional Exemption
Overtime Outside Salesperson Exemption
Meal Breaks
Rest Breaks
Accrued vacationTips and Gratuity
Commission and internal salesperson
Unlawful deductions requirement
Holiday pay requirements
Independent contractor vs. employee
Minimum wage
Paydays and Pay Period
Reporting time requirements
Split shift requirements
Waiting time penalty
Alternative work schedule
Cash Pay Under the Table

About SIBTF
SIBTF Requirements
Type of Pre-Existed Injuries May Be Included
Credits and Offsets
SIBTF Statute Of Limitations

Estate Planning

Asset Protection

Public Safety Presumption LC § 3212

Police officers & firefighters Salary Continuation LC § 4850

MAIN OFFICE

5843 Pine Ave Suite A Chino Hills CA 91709

E-MAIL

info@rawalaw.com

TELEPHONE

844-444-1400

WORKING HOURS

Monday to Friday
From 8:00 am to 5:00 pm

SIBTF REQUIREMENTS

To reach SIF liability, the injured worker has meet the INDUSTRIAL THRESHOLD:
Know More About RAWA Law Group
  • 1. 5% CASES “Opposite and Corresponding” Member Requirement Hard v. WCAB (1974) 2 CWCR 48:
  • 1. THE SUBSEQUENT WORKER’S COMPENSATION CASE affected a hand, an arm, a foot, a leg, or an eye resulting on a permanent disability of 5% when considered alone and without regard to, or adjustment for, the occupation or age of the employee,
  • 2. The employee has a PRIOR PREEXISTED DISABILITY or IMPAIRMENT to the opposite or corresponding member. E.i Left Shoulder and Right Arm, Right leg and left knee.
  • 1. 35% CASES WPI:
  • 1. THE SUBSEQUENT WORKER’S COMPENSATION CASE resulted on a 35% permanent disability when considered alone and without regard to, or adjustment for, the occupation or age of the employee,
  • 2. The employee has a PRIOR PREEXISTED DISABILITY or IMPAIRMENT. E.i Diabetes, Hypertension, Psychological condition.

The Pre-existing Disability

Once Industrial Threshold was met there is another requirement, an “OVERALL THRESHOLD” which is: the calculation of the PD from the pre-existing disability or impairment PLUS the PD from the Worker’s Compensation Injury known as Subsequent Industry must equal 70% PD or greater.

The Pre-Existing Injury must meet the following criterias:

1. The pre-existed injury must be labor disabling:

The Pre-existed must be ratable injury: The pre-existing condition must have been labor disabling, as it has been defined by the Courts as any condition that would be ratable if it had been caused by an industrial injury. Pursuant to Escobedo v. Marshalls (2005) 70 CCC 604, 19 [en banc], “…the chief requirement for SIF benefits is that the condition must have been ‘labor disabling’ prior to the occurrence of the subsequent industrial injury. (Ferguson v. Industrial Acc. Com. (1958) 50 Cal.2d 469, 477 [326 P.2d 145]23 CCC 108]; Franklin v. WCAB 79 Cal.App.3d at pp. 237-238.)”

The Pre-existed must simply be a disability for which partial permanent could be made if it were industrial: An injured worker to be entitled to SIBTF benefits, his prior permanent disability need not have caused actual earnings loss; the Court cited in Brown v.WCAB & SIF 36 CCC 627 (1971): “Although the prior disability need not be reflected in the form of loss of earnings, if it is not, it must be of a kind upon which an award for partial permanent disabilities could be made had it been industrially caused. This is necessary to distinguish it from a “lighting up” aggravation, or acceleration of the pre-existing physical condition where the employer is to be held liable for the whole.”(36 CCC 635).

1. The Pre-existing disability for SIF purposes must be existed at the time of the subsequent industrial injury occurred: Pursuant to Bachrach case (SIF v. IAC (Bachrach)) 147 Cal. App. 22 818 , the existence of a non-disabling pathological condition is not sufficient to justify entitlement to SIF benefits. Further according to Franklin v. WCAB (1978) 79 Cal. App.3rd 224, a retroactive prophylactic work restriction will not support SIF liability. Additionally, an SIF applicant cannot rely upon a retroactive assignment of disability in the absence of contemporaneous evidence to meet applicant’s burden of proof.

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If you’re suffering from an occupational disease, don’t wait to get the legal help you need.

Contact RAWA Law Group APC

If your Workers Compensation claim is settled and have believe that you have a (SIBTF) Subsequent Injury Fund Claim, Contact Rawa Law Group at 866-200-1212

Areas We Serve

All Areas
Your Rights, Our Fight
IF YOU HAVE ENCOUNTERED ANY OF THE FOLLOWING, WORK WITH THE BEST!
All Practice Areas

Workers'Comp Practice Areas

At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:

Office-Related Injuries

Office-related injuries involve injuries occurring in office environments. It includes claims for conditions like repetitive strain or slip and fall accidents, seeking compensation for medical costs and lost wages.
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Fatal Workplace Accidents

Fatal Workplace Accidents involve claims for families of workers who die due to work-related incidents. It includes seeking compensation for wrongful death, funeral expenses, and loss of income.
Learn More

Back and Neck Injuries

Back and Neck Injuries occur from workplace accidents involving the spine or back. It includes claims for medical treatment, lost wages, and compensation for long-term impacts from such injuries.
Learn More

Medical Benefits Claims

Medical Benefits Claims involve seeking coverage for medical expenses related to workplace injuries. It includes ensuring all necessary treatments and therapies are covered under workers’ compensation.
Learn More

Workers'Comp Practice Areas
At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:

Office-Related Injuries

Office-related injuries involve injuries occurring in office environments. It includes claims for conditions like repetitive strain or slip and fall accidents, seeking compensation for medical costs and lost wages.
Learn More

Fatal Workplace Accidents

Fatal Workplace Accidents involve claims for families of workers who die due to work-related incidents. It includes seeking compensation for wrongful death, funeral expenses, and loss of income.
Learn More

Back and Neck Injuries

Back and Neck Injuries occur from workplace accidents involving the spine or back. It includes claims for medical treatment, lost wages, and compensation for long-term impacts from such injuries.
Learn More

Medical Benefits Claims

Medical Benefits Claims involve seeking coverage for medical expenses related to workplace injuries. It includes ensuring all necessary treatments and therapies are covered under workers’ compensation.
Learn More

Personal Injury Practice Areas

At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include:

Product Liability

Product Liability refers to legal claims for injuries caused by defective or unsafe products. It involves manufacturing defects, design flaws, or insufficient warnings, leading to harm or damages.
Learn More

Defective Drugs

Defective Drugs involve legal claims for harm caused by unsafe or improperly labelled medications. It includes injuries or adverse effects from drugs that are defective in design, manufacturing, or warnings.
Learn More

Wrongful Death

Wrongful Death claims arise when someone dies due to another’s negligence or intentional harm. It involves seeking compensation for the deceased’s family for lost income, funeral expenses, and emotional suffering.
Learn More

Dog Bites

Dog Bites involve legal claims for injuries caused by dog attacks. It includes bites or scratches from pets, often resulting in medical costs, pain, and emotional distress for the victim.
Learn More

Personal Injury Practice Areas
At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include:

Product Liability

Product Liability refers to legal claims for injuries caused by defective or unsafe products. It involves manufacturing defects, design flaws, or insufficient warnings, leading to harm or damages.
Learn More

Defective Drugs

Defective Drugs involve legal claims for harm caused by unsafe or improperly labelled medications. It includes injuries or adverse effects from drugs that are defective in design, manufacturing, or warnings.
Learn More

Wrongful Death

Wrongful Death claims arise when someone dies due to another’s negligence or intentional harm. It involves seeking compensation for the deceased’s family for lost income, funeral expenses, and emotional suffering.
Learn More

Dog Bites

Dog Bites involve legal claims for injuries caused by dog attacks. It includes bites or scratches from pets, often resulting in medical costs, pain, and emotional distress for the victim.
Learn More