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

Case No. ADJ7141005
Regular
Jan 25, 2017

JOHN RODRIGUEZ vs. YRC WORLDWIDE, OLD REPUBLIC INSURANCE COMPANY

The Appeals Board granted the defendant's petition for reconsideration, rescinding the prior finding of 100% permanent disability and deferring the issues of permanent disability and attorney's fees. The WCJ's reliance on vocational expert testimony, which considered the effects of medications prescribed for both industrial and non-industrial conditions, lacked substantial medical evidence. The case is returned to the trial level for further proceedings to develop the medical record specifically regarding the impact of industrially-related medications on the applicant's permanent disability.

Labor Code section 4662(b)Agreed Medical Evaluator (AME)Peter MandellM.D.vocational expertsynergistic effectfunctional limitationsmedication side effectsnon-industrial diabetesapportionment
References
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
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 The WCAB rescinded the original decision, finding the record lacked substantial evidence on whether the psychiatric disability's "synergistic effect" on physical impairments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. ADJ8433514
Regular
Mar 22, 2019

EZEQUIEL MELGOZA vs. PRKACIN COMPANY, EVEREST NATIONAL INSURANCE COMPANY

This case involves an applicant who sustained industrial injuries to multiple body parts including shoulders, wrists, spine, ribs, sternum, and psyche. The defendant appealed the finding of 73% permanent disability, arguing it was unsupported by medical evidence and improperly calculated. The Appeals Board affirmed the original award, finding substantial medical evidence supported the assigned impairments for each body part. The Board also upheld the decision to add bilateral upper extremity disabilities due to a synergistic effect, rather than combining them under the Combined Values Chart.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityWhole Person ImpairmentDRE Cervical Category IIIAMA GuidesCombined Values ChartSynergistic EffectOrthopedicsDr. Ganjianpour
References
Case No. ADJ10015407
Regular
Feb 11, 2019

ARACELI MELGOZA GARIBAY vs. SILVERADO FARMING COMPANY INC., SECURITY NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an amended finding that awarded the applicant 61% permanent partial disability at a rate of $290.00. While the WCAB affirmed the 61% disability rating, finding Dr. Shaw's reports substantial evidence and agreeing that bilateral upper extremity impairments should be added due to synergistic effect, it deferred the issue of the permanent disability indemnity rate. The case was returned to the WCJ for further development of the record regarding the applicant's average weekly earning capacity for the purpose of determining the correct indemnity rate.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and AwardPermanent Partial DisabilityQualified Medical ExaminerCombined Values ChartSeasonal Agricultural LaborerBilateral Wrist PainCarpal Tunnel SyndromeMyalgia
References
Case No. ADJ9451959; ADJ9451967
Regular
Aug 22, 2019

MARK YANCHUNIS vs. SHASTA GOLD CORPORATION, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's (WCJ) decision. The WCJ properly relied on the agreed medical evaluator's (AME) opinion, which provided substantial evidence for the impairment rating. The AME's analysis, which accounted for severe degenerative changes and gait abnormalities beyond a strict AMA guide application, was deemed persuasive and within legal parameters. The Board affirmed that the AME's reasoning for adding impairments due to a synergistic effect, rather than combining them, was supported by case law and the medical evidence.

Workers' Compensation Appeals BoardMark YanchunisShasta Gold CorporationZurich American Insurance CompanyADJ9451959ADJ9451967Petition for ReconsiderationAgreed Medical Evaluator (AME)Almaraz/Guzman analysisAMA Guides
References
Case No. ADJ7623043
Regular
May 20, 2019

LUCAS CASIAS vs. KF HOWELL ELECTRIC, INC., IMPERIUM INSURANCE

The Appeals Board affirmed the finding of 83% permanent disability, agreeing that the WCJ correctly applied the principle of "synergistic effect" to combine multiple impairments, citing substantial medical opinions. However, the Board remanded the issue of temporary disability benefits, finding the WCJ's reasoning and specific findings on temporary total disability were unclear and inconclusive. The matter is returned to the WCJ for further proceedings and a new determination on temporary disability, specifically addressing the disputed period of July 19, 2010, through October 24, 2010. The WCJ's previous findings regarding an award of temporary disability indemnity for the entire period of March 24, 2010, through March 24, 2015, are rescinded pending this redetermination.

Temporary Total DisabilityPermanent Disability RatingCombined Values ChartSynergistic EffectAgreed Medical EvaluatorPanel Qualified Medical EvaluatorMedical OpinionSubstantial EvidenceLabor Code Section 4656Burn Exception
References
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
Case No. ADJ1 44848 (GRO 0032874)
Regular
Apr 26, 2016

BILLY BRANHAM vs. ARROYO GRANDE GLASS, STATE COMPENSATION INSURANCE FUND

The Appeals Board rescinded the Workers' Compensation Judge's (WCJ) decision granting a 63% permanent disability award. This was because the WCJ improperly rejected the vocational expert's opinion regarding the impact of industrial medications on the applicant's ability to compete in the labor market. The Board remanded the case for further development of both medical and vocational records, specifically requesting updated opinions on the side effects of the applicant's medications. This is to ensure a more thorough investigation into the cognitive effects of prescribed drugs on the applicant's work capacity.

Workers' Compensation Appeals BoardReconsiderationPetition to ReopenPermanent Disability AwardVocational ExpertCognitive EffectsIndustrially-Prescribed MedicationsMedical Record DevelopmentApportionmentDiminished Future Earning Capacity
References
Case No. ADJ3151437
Regular
Oct 01, 2019

TERRY GUTSCHLAG vs. LOS ANGELES DEPARTMENT OF WATER AND POWER

This case involves Terry Gutschlag's claim for permanent total disability due to cumulative trauma injuries sustained while employed by the Los Angeles Department of Water and Power. The defendant appeals a finding of 100% permanent disability, arguing that vocational evidence was insufficient and applicant was motivated to retire. The Workers' Compensation Appeals Board (WCAB) affirmed the original finding, concluding that substantial vocational evidence, particularly from expert Enrique Vega, demonstrated applicant's inability to return to the labor market. The Board found applicant's industrial impairments, compounded by pain and other issues, rendered him unemployable, thus rebutting the scheduled disability rating.

Permanent Total DisabilityCumulative TraumaVocational RehabilitationDiminished Earning CapacityAgreed Medical ExaminersWhole Person ImpairmentApportionmentWork RestrictionsPlaceabilitySynergistic Effect
References
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