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

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
4
Case No. ADJ8401036
Regular
May 04, 2016

STEVE RYDER vs. CITY OF LOS ANGELES, TRISTAR RISK MANAGEMENT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case concerns an applicant seeking benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The core issue is whether the applicant's subsequent industrial injury, when considered alone, results in a permanent disability of at least 35%. The Appeals Board reversed the WCJ, finding the applicant's permanent disability is 35% after adjusting for diminished future earning capacity and adding the separate impairments, thereby qualifying him for SIBTF benefits. The Board's decision hinges on interpreting Labor Code section 4751 to allow DFEC adjustments and mandate addition of impairments, not combination via the Combined Values Chart, for SIBTF qualification.

Subsequent Injuries Benefits Trust FundLabor Code section 4751permanent disabilitywhole-person impairmentdiminished future earning capacityCombined Values ChartAMA Guidesfirefighterprostate cancersexual dysfunction
References
6
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. 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
5
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
5
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
31
Case No. ADJ13011053
Regular
Sep 08, 2025

NORBERTO GARCIA vs. DOMINATION COLLABORATION, INC., AMERICAN ZURICH INSURANCE COMPANY

Norberto Garcia, a cook, sustained multiple industrial injuries including to his psyche, spine, shoulders, left ankle, lower extremities/gait, kidneys, and in the form of hypertension, anemia, diabetes, and left foot amputation. The WCJ awarded 100% permanent disability, finding that the impairments should be added due to their synergistic effects. Defendants petitioned for reconsideration, arguing errors in combining impairments and apportionment. The Appeals Board denied the petition, affirming the WCJ's findings that Dr. Lonky's medical opinions supported the additive approach for disability calculation and that even with minor adjustments, the applicant's permanent disability still exceeded 100%.

Petition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentHypertensive Cardiovascular DiseaseRenal DiseaseDiabetes MellitusLeft Foot AmputationGait DerangementVocational Evaluation
References
17
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
4
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
0
Case No. ADJ15533922
Regular
Mar 10, 2025

FRANK DERRICK vs. RONALD L. WOLFE & ASSOCIATES, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, adopting the report of the workers' compensation administrative law judge. The defendant challenged the WCJ's findings regarding the Qualified Medical Evaluator's opinion on permanent disability determination methods, the application of apportionment, and the combining versus adding of impairments. The Board affirmed that the defendant failed to provide substantial medical evidence for apportionment and that the impairments were correctly combined as per legal principles. The decision emphasized the importance of comprehensive medical reports for apportionment and accurate impairment calculations.

WCABPetition for ReconsiderationLabor Code section 5909Electronic Adjudication Management System (EAMS)transmission60-day periodnoticeSection 4663apportionmentpermanent disability
References
8
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