FACTUAL AND PROCEDURAL BACKGROUND This petition brought by former Los Angeles County Deputy Sheriff Raymond Ybarra involves two claims for workers' compensation benefits. After he was granted a disability pension, petitioner filed an application with the Subsequent Injuries Fund (SIF) for additional benefits. Although SIF determined petitioner was entitled to receive the additional benefits, SIF asserted his award was subject to reduction by operation of Labor Code section 4753. That section provides for reduction of SIF benefits to the extent the employee receives payments from another source due to a pre-existing disability. In a report submitted to the Workers' Compensation Appeal Board, the judge recommended a finding that petitioner was eligible for SIF benefits, but that SIF was entitled to assert a credit against petitioner's disability retirement benefits.

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