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Case Law Database

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

Case No. ADJ7056326
Regular
Apr 15, 2011

ROBERT FLINT vs. CVC ENVIRONMENTAL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied defendant CVC Environmental's petitions for removal and disqualification. The WCAB affirmed the administrative law judge's (ALJ) decision to bifurcate the issue of employment, finding good cause under WCAB Rule 10560. The defendant failed to provide any grounds for disqualification of the ALJ under Labor Code section 5311. Therefore, the case will proceed to a mandatory settlement conference solely on the issue of employment.

Petitions for RemovalDisqualificationWorkers' Compensation Appeals BoardMandatory Settlement ConferenceBifurcationIndustrial InjuryEmploymentWCJLabor CodeCode of Civil Procedure
References
0
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The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award.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
2
Case No. ADJ8205957
Regular
Dec 05, 2018

Margaret Marti Foxworthy vs. STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves a State Park Ranger's workers' compensation claim for injury to her low back, hypertension, and psyche. The primary dispute centered on calculating her permanent disability rating, with the employer arguing for the Combined Values Chart (CVC) and the applicant preferring simple addition of impairments. The Appeals Board ultimately ruled that the CVC should be applied, resulting in a $67\%$ permanent disability rating, and clarified the timing of a $15\%$ "bump-up" in indemnity payments. The dissenting opinion argued against the CVC's application and challenged apportionment of hypertension disability due to lack of substantial evidence.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleCombined Values ChartApportionmentIndustrial InjuryState Park RangerHypertensionPsycheSexual DysfunctionDRE Lumbar Category III
References
6
Case No. ADJ11183558
Regular
Feb 14, 2020

JAMES P. MARTINEZ vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case concerns an admitted cumulative trauma injury to a correctional officer's neck, back, knees, shoulders, and hypertension. The Workers' Compensation Appeals Board granted reconsideration, finding the original award improperly added hypertension disability to orthopedic disability. The Board determined substantial medical evidence was lacking to justify this additive method over the standard Combined Values Chart (CVC). Consequently, the permanent disability rating was revised from 79% to 72% using the CVC.

Workers' Compensation Appeals BoardCumulative traumaPermanent disability ratingCombined Values ChartAdditive methodOrthopedic disabilitiesHypertensionSubstantial medical evidenceLabor Code sections 4664Labor Code section 4663
References
5
Case No. ADJ10543015
Regular
Jun 06, 2025

BRUCE UMECK vs. BASF CORPORATION, ACE AMERICAN INSURANCE COMPANY

The Appeals Board granted defendant's Petition for Reconsideration of the WCJ's March 11, 2021 Findings, Award and Order. Defendant challenged the WCJ's application of the Combined Values Chart (CVC), apportionment to the left knee, and temporary disability findings. The Board determined the QME's analysis for rebutting the CVC and opinions on apportionment lacked substantial medical evidence. Furthermore, the temporary disability award was not supported by sufficient evidence due to inconsistencies in the QME's reports. Consequently, the Board rescinded the prior F&A and returned the matter to the trial level for additional proceedings.

Workers' Compensation Appeals BoardReconsiderationPermanent Partial DisabilityApportionmentCombined Values ChartMedical EvidenceTemporary DisabilityQualified Medical EvaluatorFindingsAward
References
13
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. ADJ7475146
En Banc
Jun 23, 2020

Richard Todd vs. Subsequent Injuries Benefits Trust Fund

The Appeals Board affirmed the WCJ's decision, holding that under Labor Code section 4751, prior and subsequent permanent disabilities must be added (not combined via the CVC) to determine the 'combined permanent disability' for which the Subsequent Injuries Benefits Trust Fund (SIBTF) is liable.

SIBTFSubsequent Injuries Benefits Trust Funden banc100% permanent disabilityCombined Values ChartCVCprior and subsequent permanent disabilitiessection 4751section 4753cumulative trauma injury
References
21
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. ADJ7475146
Significant
Jun 23, 2020

Richard Todd, Applicant vs. Subsequent Injuries Benefits Trust Fund

The Appeals Board, in an en banc decision, held that when determining the combined permanent disability for Subsequent Injuries Benefits Trust Fund (SIBTF) liability under Labor Code section 4751, prior and subsequent permanent disabilities are to be added to the extent they do not overlap, rather than combined using the Combined Values Chart (CVC).

SIBTFSubsequent Injuries Benefits Trust Funden bancSection 4751permanent disabilitycombined permanent disabilityprior disabilitysubsequent injuryadditionoverlap
References
22
Case No. ADJ6857476
Regular
Dec 10, 2019

MARIA DE LA VEGA vs. RALLY STAFFING, AMERICAN HOME ASSURANCE, BROADSPIRE

The Workers' Compensation Appeals Board granted reconsideration to reduce applicant's permanent disability rating from 91% to 81%. The Board found the Agreed Medical Examiner's opinion regarding adding impairments rather than using the Combined Values Chart (CVC) lacked sufficient medical evidence. Defendants failed to meet their burden on apportionment for the gastrointestinal system. The award for permanent disability, life pension, and medical treatment was amended accordingly.

Workers' Compensation Appeals BoardRally StaffingAmerican Home AssuranceBroadspireMaria De La VegaPermanent DisabilityAgreed Medical ExaminerAMEDr. MajcherHypertension
References
3
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