Appeals Court Says SIBTF Must Prove Entitlement to SSDI Offset

A California appellate court said the Subsequent Injuries Benefits Trust Fund is allowed to reduce payments to injured workers who also receive Social Security benefits, but not unless it first establishes by a preponderance of the evidence that it is entitled to an offset. The 2nd District Court of Appeals rejected arguments that injured workers should carry the burden of proving that the SIBTF is not entitled to an offset. The court was not moved by the fund’s argument that either public policy or the general desire to conserve governmental resources supported placing the burden on in...