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

Case No. ADJ823138 (OXN 0142604)
Regular
Oct 25, 2010

CHERYL PEET vs. COUNTY OF VENTURA, Permissibly SelfInsured, Administered By CORVEL CORPORATION

The Workers' Compensation Appeals Board is reconsidering a prior decision that found a deputy probation officer sustained industrial injuries resulting in 78% permanent disability. The defendant sought reconsideration, arguing the Qualified Medical Examiner's (QME) opinion, which formed the basis of the award, was ambiguous and unsubstantiated. The Board agrees that the QME's assessment of 60% whole person impairment is not adequately supported by the record, particularly in light of the applicant's own testimony regarding her daily activities. Therefore, the case is returned to the trial level for further evidence development and a new decision, with consideration for cost of living adjustments if a life pension is awarded.

Workers Compensation Appeals BoardCheryl PeetCounty of VenturaCORVEL CORPORATIONADJ823138OXN 0142604Opinion and Decision After Reconsiderationdeputy probation officerindustrial injuryright upper extremity
References
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
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
Case No. ADJ1462684 (SBR 0332199) ADJ4330124 (SBR 0332208) ADJ2350306 (SBR 0333426) ADJ6736405
Regular
May 18, 2011

ISABELA AGARONYAN vs. REGENTS, UNIVERSITY OF CALIFORNIA, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior decision. The judge's original decision relied on an Agreed Medical Examiner's (AME) report that the Board found lacked substantial medical evidence. Specifically, the AME failed to adequately address the applicant's activities of daily living as required by the AMA Guides. The case is returned to the trial level for the record to be developed with substantial medical evidence.

Workers' Compensation Appeals BoardIndustrial InjuryCumulative TraumaSpecific InjuryAgreed Medical ExaminerAMA GuidesPermanent ImpairmentActivities of Daily LivingSubstantial Medical EvidenceReconsideration
References
Case No. ADJ9729782
Regular
May 09, 2016

CORY ALLRED vs. RST CRANES, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award due to insufficient medical evidence regarding permanent disability. The Board found that the Qualified Medical Evaluator (PQME) failed to adequately explain his deviation from a strict AMA Guides rating, specifically by not elaborating on the impact on activities of daily living. The matter was returned to the trial level for further development of the record, including potential supplemental reporting or deposition of the PQME, to ensure substantial justice.

Workers Compensation Appeals BoardCory AllredRST CranesAce American InsuranceBarrett Business ServicesPQMERobert WilsonAMA GuidesAlmaraz-GuzmanPermanent Disability Rating Schedule
References
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
Case No. SJO 0261668
Regular
Aug 18, 2008

MARI J. MOLLO vs. SANTA CLARA COUNTY SUPERIOR COURT, aka SANTA CLARA-JBWCP, PSI, adjusted by TRISTAR RISK MANAGEMENT

The Appeals Board granted the defendant's petition for reconsideration, finding that the trial judge's permanent disability rating was not supported by substantial evidence. The primary issue was the rating of the applicant's grip strength loss, which the agreed medical evaluator stated could not be rated under the AMA Guides due to certain conditions. The Board amended the award to defer the issues of permanent disability and attorney's fees, returning the matter to the trial level for further development of the record. This includes obtaining a supplemental report from the medical evaluator to clarify rating issues and thoroughly address the applicant's activities of daily living.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityAgreed Medical EvaluatorAMA GuidesGrip StrengthActivities of Daily LivingWhole Person ImpairmentDeposition Testimony
References
Case No. ADJ14789657
Regular
Oct 24, 2025

EDWAR VANEGAS GERENA vs. COMMERCIAL TREE CARE, BARRETT BUSINESS SERVICES, INC., ACE AMERICAN INSURANCE COMPANY

Applicant, Edwar Vanegas Gerena, a tree trimmer, sustained a severe injury to his left hand, neck, right shoulder, right arm, right upper extremity, and psyche. The Workers' Compensation Appeals Board denied defendant's petition for reconsideration of the July 16, 2025 Findings and Award. The WCAB affirmed the finding of permanent total disability, agreeing that the medical opinions from QMEs Dr. Rakkar and Dr. Alvarellos constituted substantial medical evidence and that the orthopedic and psychiatric impairments should be added due to a lack of overlap in their impact on daily living activities. The decision also addressed the applicability of Labor Code section 5909 regarding the timeliness of the Appeals Board's action on the petition.

WCABPetition for ReconsiderationFindings and Awardpermanent total disabilityQualified Medical ExaminerQMEDr. RakkarCRPSComplex Regional Pain SyndromeMajor Depressive Disorder
References
Case No. ADJ14053925
Regular
May 16, 2025

AMIR BAIGMORADI vs. NEP GROUP, INC.; FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied the Defendant's Petition for Reconsideration, upholding the Workers' Compensation Administrative Law Judge's (WCJ) Findings of Fact, Award & Order. The WCAB affirmed the WCJ's decision to admit the neuropsychological consultative reports of Fernando Gonzalez, Ph.D., deeming them substantial medical evidence. The Board further agreed with Dr. Gonzalez's method of adding impairment ratings for the applicant's neurological and psychiatric conditions, citing the synergistic effects on daily living activities. Additionally, the WCAB concluded that the applicant's injury, resulting from being crushed by an LED screen, constituted a "violent act" under Labor Code § 4660.1(c)(2)(A), entitling him to an increased psychiatric permanent disability rating.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Electronic Adjudication Management SystemAdmissibility of medical reportsValdez v. Workers' Comp. Appeals Bd.Batten v. Workers' Comp. Appeals Bd.Qualified Medical EvaluatorSubstantial evidenceVigil v. County of Kern
References
Case No. ADJ7781989
Regular
May 29, 2012

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS, MIDWEST INSURANCE AGENCY, admin for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding of a 2% permanent disability to the right knee and denying claims for injury to other body parts. The applicant argued the decision lacked substantial medical evidence and that exhibits were wrongly excluded due to an invalid Medical Provider Network. One Board member dissented, believing Dr. Saucedo's report was insufficient as it didn't address activities of daily living or all claimed injuries, recommending further development of the medical record.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityIndustrial InjurySubstantial Medical EvidenceMedical Provider Network (MPN)Whole Person Impairment (WPI)Activities of Daily Living (ADLs)Further Development of Medical Record
References
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