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The Subsequent Injuries Benefits Trust Fund (SIBTF) provides financial relief to professionals who have pre-existing medical conditions and then acquire a new work-related injury. The SIBTF limits employer liability and encourages opportunities for workers who have pre-existing conditions that may limit their functional capabilities or put their employers at risk of liability if their new job worsens their existing condition.
California lawmakers have attempted to overhaul the SIBTF in recent years, and Governor Gavin Newsom vetoed AB1329 in 2025. Efforts to modify the SIBTF are still underway. Understanding the proposed changes can make it clear that they may not be beneficial to workers.
What are the proposed changes?
Lawmakers want to make the eligibility standards harder to meet. During a claim, proposed new requirements might mandate substantial medical evidence to show that a pre-existing condition affected someone’s ability to work and caused lost earnings before their secondary medical condition developed.
Reform efforts have also included attempts to exclude certain medical conditions, including sleep apnea, diabetes and acid reflux disease. There could also soon be a requirement to see a qualified medical evaluator (QME), as is required in scenarios where there are disputes about the origins of work injuries in traditional workers’ compensation claims. This prevents workers from using medical professionals who are already familiar with their challenges to document new or worsening medical issues.
Additionally, proposed changes include a new statute of limitations that forces workers to file SIBTF claims within five years of acquiring a new injury or one year after receiving a determination regarding their permanent disability level. Reform efforts also seek to alter the way in which disability level is calculated to make establishing eligibility for lifetime benefits more difficult.
The most obvious issues with these proposed changes include substantial benefit delays for those who may have immediate financial challenges. Injured workers may face additional financial hardship, especially if they struggle to secure eligibility for permanent disability benefits.
The need to undergo review by a QME also eliminates access to insight from specialists familiar with the worker’s medical condition. The changing procedures are likely to create more legal costs as well.
Even before reform efforts change the SIBTF, employees with medical conditions worsened by their employment may need help seeking the benefits they need. Consulting with an attorney familiar with SIBFT claims can be beneficial for injured California workers who have pre-existing medical conditions.