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

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
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
Case No. ADJ4673316 (OAK 0337538)
Regular
Dec 16, 2019

JUAN MONDRAGON vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and remanded for further proceedings, primarily due to the WCJ's failure to adequately document the issues in controversy. The Board clarified that for Subsequent Injuries Benefits Trust Fund (SIBTF) claims, pre-existing and subsequent disabilities should be added together, not combined using the Combined Values Chart, citing *Bookout*. The Board also noted that the issue of commuting attorney's fees in SIBTF cases was not disputed and would be amended accordingly.

Subsequent Injuries Benefits Trust FundSIBTFPermanent DisabilityCombined Values ChartCVCAddition of DisabilitiesAttorneys' FeesCommutationReconsiderationFindings of Fact and Award
References
Case No. ADJ12660754
Regular
Apr 04, 2025

NANCY ARNOLD vs. SUBEQUENT INJURIES BENEFITS TRUST FUND, et. al.

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a WCJ's F&A finding the applicant entitled to SIBTF benefits for 100% permanent total disability. SIBTF contended errors regarding findings on prior/subsequent disabilities, psychiatric disability compensability, and the method of combining disabilities. The Appeals Board granted reconsideration, rescinded the F&A, and remanded the case for further proceedings. The trial level must now address the compensability of psyche injury and permanent disability, and the correct application of the Combined Values Chart.

Subsequent Injuries Benefits Trust FundSIBTFpermanent total disabilityprior disabilitysubsequent industrial disabilitypsychiatric disabilitycompensabilityLabor Code section 4660.1Combined Values ChartCVC
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. ADJ9171432
Regular
Apr 25, 2016

Kenneth Evanoff vs. CITY OF LOS ANGELES, SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case involves an applicant seeking reconsideration of a workers' compensation award. The applicant, previously awarded 96% permanent disability for a 2007 injury, suffered a subsequent injury in 2012 resulting in prostate cancer. The initial award used the Combined Values Chart to calculate the combined disability at 98%, entitling him to benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The applicant argues the trial judge erred by using the Combined Values Chart and seeks to simply add the disability percentages, leading to a 100% combined disability. The Board granted reconsideration, finding that in the absence of overlapping disabilities, the disabilities should be added, entitling the applicant to a 100% permanent disability rating and remanding for a new award.

Subsequent Injuries Benefits Trust FundSIBTFCumulative Trauma InjuryPermanent DisabilityCombined Values ChartLabor Code section 4664(c)(1)(G)Whole Person ImpairmentWPIDate of InjuryDate of Knowledge
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
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
Case No. ADJ9443336 ADJ9779744
Regular
Nov 25, 2019

JAMES KWASIGROCH vs. SUBSEQUENT INJURIES BENEFIT TRUST FUND OF CALIFORNIA

This case concerns the calculation of combined permanent disability for Subsequent Injuries Benefit Trust Fund (SIBTF) benefits. The applicant, James Kwasigroch, received awards for a prior disability of 63% and a subsequent disability of 74%. The central dispute was whether to add these percentages directly or use a Combined Values Chart (CVC) as the trial judge did. The Appeals Board reversed the trial judge's decision, holding that non-overlapping prior and subsequent disabilities should be added based on the precedent set in *Bookout v. Workers' Comp. Appeals Bd.* This resulted in a finding of 100% combined permanent disability and an adjustment to attorney's fees.

Subsequent Injuries Benefit Trust FundCombined Values ChartBookout v. Workers' Comp. Appeals Bd.Permanent Disability RatingApportionmentMultiple Disabilities TablesPyramidingOverlapNon-overlapping disabilitiesLabor Code section 4751
References
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
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