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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ11201607, ADJ11201608
Regular
Jun 10, 2024

SAMMY VIGIL vs. COUNTY OF KERN

The Appeals Board held that the Combined Values Chart (CVC) may be rebutted and impairments added where an applicant establishes the impact of each impairment on the activities of daily living (ADLs) and shows either that there is no overlap between the effects on ADLs or that the overlap increases or amplifies the impact on the overlapping ADLs.

WCABEn BancReconsiderationFindings of FactAwards and OrdersPermanent Partial DisabilityHip Replacement SurgeryApportionmentCombined Values ChartPermanent Disability Ratings Schedule
References
19
Case No. ADJ8961636, ADJ8961637, ADJ8961639
Regular
Mar 21, 2016

ROBERT ORTEGA vs. CITY OF GUADALUPE, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought credit for paid administrative leave (ADL) against temporary disability benefits, arguing the applicant was temporarily totally disabled. However, the Board found that ADL constitutes earned wages, not disability payments, as the applicant was essentially working. Since the defendant failed to prove the applicant was medically unable to work during the ADL period, they could not convert those wages into a credit for disability payments.

Workers Compensation Appeals BoardPaid Administrative LeaveTemporary DisabilityCreditAgreed Medical EvaluatorLabor Code Section 4657Police OfficerIndustrial InjuryBurden of ProofPetition for Reconsideration
References
1
Case No. ADJ2786471 (AHM 0131083) ADJ1723308 (AHM 0131186) ADJ1776217 (AHM 0131184)
Regular
Jul 12, 2011

RENE GARCIA vs. CITY OF ANAHEIM

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision regarding applicant Rene Garcia's industrial injury to his low back and knees. The Board found that the treating physician's impairment rating was not substantial evidence because it impermissibly considered the applicant's ability to compete in the open labor market, in addition to Activities of Daily Living (ADLs), deviating from *Almaraz/Guzman* guidelines. The matter was returned to the trial level for further proceedings, including a supplemental report or deposition from the physician, to clarify the *Almaraz/Guzman* analysis solely on ADLs.

Workers Compensation Appeals BoardCity of Anaheimfirefightercumulative traumapermanent disability awardapportionmentAMA GuidesAlmaraz v. Environmental Recovery ServicesMilpitas Unified School Dist. v. Workers' Comp. Appeals Bd.Whole Person Impairment
References
7
Case No. ADJ11054646, ADJ11055389, ADJ10719681
Regular
Apr 07, 2025

ALAN NEWELL vs. METROPOLITAN WATER DISTRICT

Applicant Alan Newell sought reconsideration of a WCJ's Findings and Awards from January 3, 2025, concerning two industrial injuries. The WCJ had rated permanent disability by combining all impairments, contrary to the Agreed Medical Evaluator Dr. Chester A. Hasday's opinion on how to combine impairments based on overlapping Activities of Daily Living (ADLs). The Appeals Board granted reconsideration, finding that Dr. Hasday's pre-Vigil decision rebuttal analysis for combining impairments based on ADL overlap was valid, and the record needed further development. The case was remanded to defer the issues of permanent disability and apportionment for further analysis.

Petition for ReconsiderationPermanent DisabilityApportionmentCombined Values ChartActivities of Daily Living (ADLs)Medical TreatmentAgreed Medical EvaluatorOrthopedistLabor Code Section 4663Rebuttal
References
7
Case No. ADJ11201607 (MF); ADJ11201608
Significant
Jun 10, 2024

Sammy Vigil vs. County of Kern

The Appeals Board holds that the Combined Values Chart (CVC) in the Permanent Disability Ratings Schedule (PDRS) may be rebutted by adding impairments when an applicant demonstrates through substantial evidence that there is no overlap in the impact on Activities of Daily Living (ADLs), or that any overlap creates a synergistic effect that amplifies the disability.

Workers' Compensation Appeals BoardEn Banc DecisionReconsiderationPermanent Disability Ratings ScheduleCombined Values ChartRebuttalActivities of Daily LivingSynergistic EffectApportionmentHikida
References
18
Case No. ADJ8996451
Regular
Mar 25, 2016

ROGELIO VELASQUEZ vs. MOLOFSKY BUILDERS, INC., EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the Workers' Compensation Judge's decision. The Judge correctly excluded permanent disability for sleep disturbance as the QME failed to provide an apportionment opinion as required by statute. Furthermore, the Judge properly rejected the QME's *Almaraz/Guzman* rating for the left knee injury, finding it unpersuasive and lacking in specific ADL deficits. Therefore, the Judge's original findings on permanent disability were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportEpworth Scalesleep disturbancepermanent disabilityQualified Medical Evaluator (QME)apportionmentleft knee injuryAlmaraz/Guzman
References
0
Case No. ADJ8716925
Regular
May 27, 2025

MARCO VILLA vs. SHULTZ STEEL COMPANY INC, TRAVELERS DIAMOND BAR

Applicant Marco Villa petitioned for reconsideration of a February 19, 2025, Findings and Award (F&A) that found his permanent disability to be 61% and did not categorize his injury as catastrophic. The Appeals Board, after reviewing the petition, defendant's answer, and the WCJ's report, determined that the record was not adequately developed, specifically concerning medical evidence on Activities of Daily Living (ADLs) and the proper evaluation of sub-rosa videos in the context of catastrophic injury. The Board granted the petition for reconsideration but deferred a final decision on the merits, indicating further review and proceedings are necessary to ensure a just and reasoned outcome.

Petition for ReconsiderationFindings and AwardCatastrophic InjuryPermanent DisabilitySubstantial EvidenceMedical OpinionActivities of Daily Living (ADLs)Sub-rosa VideoVocational ExpertDEU Rating
References
22
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