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Case Law Database

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

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The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award.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. 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
1
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. 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. 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. 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
9
Case No. MISSING
Regular Panel Decision

North American Thought Combine, Inc. v. Kelly

Petitioner North American Thought Combine, Inc. (Thought) sought to confirm an arbitration award against Respondent Kathleen Kelly (Kelly) concerning a contract for exclusive representation of Kelly's artwork. The arbitrator had determined Thought had a continuing right to represent specific licensed properties and receive compensation, but the agreement for all works had expired. Kelly opposed the confirmation, arguing the federal court lacked subject matter jurisdiction as the amount in controversy did not meet the statutory requirement for diversity jurisdiction. The court agreed with Kelly, ruling that the value of the arbitration award itself, not the underlying arbitration claim, determines the amount in controversy for confirmation petitions. As Thought failed to provide competent proof that the value of its continuing rights exceeded $75,000, the court dismissed the petition for lack of federal subject matter jurisdiction.

Arbitration ConfirmationSubject Matter JurisdictionDiversity JurisdictionAmount in ControversyFederal Arbitration ActContract DisputeExclusive AgencyArtwork LicensingFederal Court DismissalSecond Circuit Precedent
References
8
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. ADJ3143756 (SFO 0487728) ADJ317043 (SFO 0488179)
Regular
Nov 22, 2011

MICHAEL MCNAMARA vs. LYNGSO GARDEN MATERIAL, SUBSEQUENT INJURIES TRUST FUND, TRAVELERS SACRAMENTO

This case concerns applicant Michael McNamara's claim for Subsequent Injuries Benefits Fund (SIF) benefits due to three industrial injuries. The Workers' Compensation Appeals Board (Appeals Board) initially awarded SIF benefits based on 100% permanent disability, but SIF sought reconsideration, arguing the Permanent Disability Rating Schedule's Combined Values Chart (CVC) was not properly applied to avoid overlap between disabilities. The Appeals Board found that the WCJ incorrectly combined disabilities from multiple injuries and rescinded the award. The matter was returned to the trial level for further medical record development to properly assess the applicant's overall disability from all three injuries.

Subsequent Injuries FundPermanent DisabilityCombined Values ChartMultiple Disabilities TableApportionmentOverlapPyramidingWhole Person ImpairmentAMA GuidesLabor Code section 4751
References
6
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