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

Case No. ADJ10307426
Regular
Dec 10, 2018

CHRISTOPHER DEVEREUX vs. STATE COMPENSATION INSURANCE FUND

This case involves applicant Christopher Devereux seeking reconsideration of a 90% permanent disability award for cumulative trauma, primarily hypertension and cognitive impairment, as an attorney. The defendant contested the award, arguing the permanent disability rating should have been calculated using the Combined Value Chart (CVC) instead of simple addition. The Board granted applicant's reconsideration to amend the award for future medical treatment and to include annual increases based on the state average weekly wage. Ultimately, the Board affirmed the 90% permanent disability rating, finding the additive method was appropriate based on medical expert opinions, and denied the defendant's petition.

WCABPermanent Disability RatingCumulative TraumaHypertensionDiabetesHeart ImpairmentCirculatory ImpairmentCognitive ImpairmentApportionmentAddition Method
References
Case No. ADJ7181658
Regular
May 13, 2014

Sheriee Borela vs. State of California, Department of Motor Vehicles, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award. The employer challenged the administrative law judge's (ALJ) method of combining orthopedic and psychiatric permanent disability ratings, arguing it should have used the Combined Values Chart (CVC) instead of simple addition. The Board found the ALJ abused her discretion by not applying the CVC without sufficient medical evidence to justify an alternative method. The case was returned for a new permanent disability rating utilizing the CVC.

Workers' Compensation Appeals BoardPermanent Disability RatingCombined Values ChartOrthopedic ImpairmentsPsychiatric ImpairmentsAdditive FashionSchedule for Rating Permanent DisabilitiesAgreed Medical ExaminersWhole Person ImpairmentApportionment
References
Case No. ADJ7044663 ADJ7044664 ADJ11257861
Regular
Feb 26, 2020

DAVID PURCELL vs. ALLIED AVIATION HOLDINGS CORPORATION, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, AMERICAN INTERNATIONAL GROUP, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the applicant's claim that his psychiatric and physical disabilities should be added, not combined, leading to a potential $100 \%$ permanent disability award. The WCJ had previously found $82 \%$ permanent disability based on a combination of injuries. The WCAB rescinded the original decision, finding the record lacked substantial evidence on whether the psychiatric disability's "synergistic effect" on physical impairments warranted addition. The case is returned to the WCJ for further proceedings to clarify this issue and develop the record for a new decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersPermanent DisabilityPsychiatric DisabilityPhysical DisabilityAgreed Medical ExaminerSynergistic EffectCombination of ImpairmentsAddition of Impairments
References
Case No. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. ADJ12790054
Regular
Aug 11, 2025

THANH DINH vs. HODO INC.; CYPRESS INSURANCE COMPANY

Applicant and Defendant both filed Petitions for Reconsideration of a Findings and Award (F&A) issued on May 30, 2025. Applicant contended issues with permanent disability apportionment and inability to compete in the open labor market, seeking 100% disability. Defendant asserted incorrect occupational code and method for combining impairments. The Workers' Compensation Appeals Board reviewed the petitions, the WCJ's reports, and the record, noting inconsistencies and a need for further review regarding permanent disability, apportionment under Escobedo v. Marshalls, vocational reporting, and the application of Vigil v. County of Kern regarding impairment combination. Therefore, the Appeals Board granted both petitions and deferred the final decision after reconsideration to allow for a comprehensive review of the factual and legal issues.

Permanent disabilityApportionmentVocational rehabilitationMedical-legal reportsOccupational codeDRE Category IVWhole person impairmentAddition vs. Combination of impairmentsLabor Code section 5909Petition for Reconsideration
References
Case No. ADJ8268219
Regular
Jul 05, 2018

NOHEMI TAINA vs. COUNTY OF SANTA CLARA/VALLEY MEDICAL CENTER

The defendant sought reconsideration of a workers' compensation award for an applicant who sustained industrial injuries to her neck, shoulders, and psyche. The sole issue was whether the applicant's permanent disability percentages for orthopedic and psychiatric conditions should be added or compressed using the Combined Values Chart. The Appeals Board denied reconsideration, finding that the agreed medical evaluators' opinions supporting the additive approach were substantial and adequately explained. The court affirmed the WCJ's decision to add the percentages, noting that this method accurately reflects the additive nature of the applicant's distinct orthopedic and psychiatric impairments.

Permanent Disability Rating ScheduleCombined Values ChartWhole Person ImpairmentAgreed Medical EvaluatorsOrthopedic InjuryPsychiatric InjuryAdditive ApproachSynergistic EffectTrier of FactMedical-Legal Reporting
References
Case No. ADJ10166138
Regular
Apr 07, 2023

MICHAEL DOWLING vs. MANPOWERGROUP, NEW HAMPSHIRE INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied the defendants' petition for reconsideration. The defendants contended the Administrative Law Judge erred by stating applicant required medical treatment for his left shoulder and wrist, and by finding an $83\%$ permanent disability with a lifetime pension. The Board adopted the WCJ's report, which corrected the clerical error regarding the shoulder and wrist treatment but upheld the permanent disability finding. The WCJ determined the "addition method," rather than the Combined Values Chart, was the most accurate way to combine the applicant's orthopedic and psychiatric impairments based on substantial medical evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportDenying ReconsiderationAdjudication NumberAdmitted Industrial InjuryCompensable ConsequencesNervous SystemPsycheExcretory System
References
Case No. ADJ10243412
Regular
Jun 10, 2019

DEBRA LUX vs. COUNTY OF SANTA BARBARA

This case involves an injured firefighter seeking workers' compensation for a right knee injury. The defendant sought reconsideration of a finding of 17% permanent disability, arguing the administrative law judge erred by combining range of motion and diagnosis-based impairments, and by not apportioning the diagnosis-based impairment. The Appeals Board denied reconsideration, finding the medical evaluator adequately explained the departure from standard AMA Guides methodology for rating the combined impairments. The Board also affirmed no apportionment of the diagnosis-based impairment as no substantial evidence showed non-industrial factors contributed to the need for surgery.

Workers' Compensation Appeals BoardApplicantDefendantPermissibly Self-InsuredAdministered by CORVELFirefighterIndustrial InjuryRight KneePermanent DisabilityWhole Person Impairment
References
Case No. ADJ2970937 (VNO 0504765)
Regular
Nov 21, 2017

Joel De La Cerda vs. Martin Selko & Co., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and returned the case for further proceedings. Applicant contested a 93% permanent disability award, arguing the Agreed Medical Examiner (AME) should have directed impairments to be added rather than combined, which would result in 100% disability. The Board found the trial judge erred in rejecting the AME's opinion solely due to the potential for a rating exceeding 100%, which is legally permissible. The matter was remanded for the AME to clarify their reasoning for the additive rating method.

Agreed Medical ExaminerPermanent DisabilityApportionmentCombined Value ChartVocational ExpertFindings of Fact and AwardPetition for ReconsiderationSynergistic EffectAdditive MethodWhole Person Impairment
References
Case No. ADJ9525033
Regular
May 10, 2019

KIMBERLY BARRY vs. DEPARTMENT OF FOOD AND AGRICULTURE, STATE COMPENSATION INSURANCE FUND

This case involves an appeal by the defendant, Department of Food and Agriculture, regarding the calculation of permanent disability ratings for applicant Kimberly Barry's cumulative trauma injury. The defendant contests the method used to combine the applicant's multiple body part impairments, arguing the Combined Values Chart (CVC) should have been used instead of simple addition. The Appeals Board granted reconsideration to further develop the medical record. The Board requires clarification from the Qualified Medical Evaluator on the most accurate method for combining the applicant's kidney and liver impairments.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardDepartment of Food and AgricultureState Compensation Insurance FundKimberly BarryAgricultural TechnicianCumulative Trauma InjuryPermanent DisabilityApportionment
References
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