Court Publishes Decision Requiring SIBTF to Prove Entitlement to SSDI Offset

California’s 2nd District Court of Appeals published its July decision finding that the Subsequent Injuries Benefits Trust Fund is required to prove by a preponderance of the evidence that it is entitled to a Social Security offset before reducing injured workers’ benefits. The 2nd DCA in SIBTF v. Workers’ Compensation Appeals Board (Vargas) rejected the argument that public policy or a general desire to conserve governmental resources supported shifting the burden to require injured workers to prove that the fund is not entitled to an offset. The court also rejected th...