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

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. ADJ2212207 (STK 0188509)
Regular
Dec 17, 2008

Burl Gene Condit vs. CITY OF MODESTO, Permissibly Self-Insured

In this case, the applicant sought reconsideration of a workers' compensation award that significantly reduced his permanent disability benefits due to apportionment based on prior injuries. The Workers' Compensation Appeals Board granted reconsideration, finding the trial judge erred by placing the burden on the applicant to prove lack of overlap. The Board clarified that under Labor Code section 4664, the defendant bears the burden of proving that prior permanent disability overlaps with the current disability. Consequently, the case was returned to the trial level for further proceedings on the issue of overlap.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityApportionmentLabor Code Section 4664Prior AwardsOverlapBurden of ProofKopping v. Workers' Comp. Appeals Bd.
References
2
Case No. ADJ2192153 (OXN 0130828) ADJ710643 (VEN 0118981)
Regular
Jan 21, 2011

Shelley Moran vs. DEPARTMENT OF YOUTH AUTHORITY, Legally Uninsured STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration, upholding its prior decision that the Department of Youth Authority failed to meet its burden of proof for apportionment. The defendant argued the WCJ's decision regarding overlapping disabilities should have been given greater weight, but the Board found the defendant did not establish sufficient evidence of overlap. Based on *Kopping v. Workers' Comp. Appeals Bd.*, the Board affirmed that the defendant retains the burden to prove both the existence of a prior award and the extent of overlap. Therefore, the applicant is entitled to an unapportioned award of 100% permanent disability.

Workers' Compensation Appeals BoardPermanent DisabilityReconsiderationLabor Code section 4664ApportionmentOverlapCumulative TraumaBurden of ProofMedical RecordWCJ
References
5
Case No. ADJ3192331
Regular
Feb 17, 2010

AURORA REALIVASQUEZ vs. TURBOT JET PRODUCTS, INC., STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded 50% permanent disability, apportioned from a prior award. The applicant argued the defendant failed to prove the prior award's disability overlapped with the current injury. The WCAB denied reconsideration, finding the defendant met its burden by demonstrating overlapping subjective factors of disability between the prior and current injuries, based on medical reports from Dr. Capen and Dr. Danzig. This overlap in disability affecting the same earning abilities justified the apportionment under Labor Code section 4664(b).

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityApportionmentIndustrial InjuryNeck InjuryShoulder InjuryBimanual InjuryCumulative Trauma
References
4
Case No. MISSING
Regular Panel Decision
Jul 24, 2002

In re the Claim of Miller v. North Syracuse Central School District

This case involves an appeal from a Workers' Compensation Board decision concerning overlapping workers' compensation awards. The claimant, a food services worker, filed two separate claims: one for occupational disease to her shoulders, leading to a schedule loss of use award, and another for bilateral carpal tunnel syndrome, which resulted in a temporary total disability award for the period from December 13, 1999, to February 14, 2000. The State Insurance Fund argued that the schedule loss of use award should be suspended for this period to prevent an overlap. Initially, a Workers’ Compensation Law Judge disagreed, but the Workers’ Compensation Board reversed, ruling in favor of suspending the schedule award. On appeal, the court reversed the Board's decision, clarifying that a schedule award is not allocable to a specific period of disability and therefore does not overlap with a temporary total disability award covering a limited timeframe. The court distinguished this from cases involving permanent disability awards. The matter was remitted to the Workers’ Compensation Board for recalculation of the claimant’s award.

Workers' CompensationSchedule Loss of UseTemporary Total DisabilityOverlapping AwardsEarning CapacityOccupational DiseaseCarpal Tunnel SyndromeShoulder InjuryAppellate ReviewRecalculation of Award
References
7
Case No. MON 0307506
En Banc
Oct 26, 2005

VIRGINIA SANCHEZ vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Board holds that Labor Code section 4664 requires apportionment of overlapping permanent disabilities from a prior award for the same body region, with the defendant bearing the burden of proving the prior award and the applicant bearing the burden of disproving overlap.

SB 899Labor Code section 4664apportionmentprior industrial injurypermanent disabilityoverlapping disabilitiesen banc decisionpresumption of prior disabilityburden of proofmedical rehabilitation
References
60
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. SFO 0479038
En Banc
Oct 26, 2005

JACK C. STRONG vs. CITY & COUNTY OF SAN FRANCISCO

This en banc decision holds that Labor Code section 4664 requires apportionment of overlapping permanent disabilities from prior awards, even when involving different body regions. It establishes that the defendant must prove the prior award exists, after which the disability is conclusively presumed to exist, and the burden shifts to the applicant to disprove that the old and new disabilities overlap in their effect on the ability to compete and earn.

SB 899Labor Code section 4664apportionmentpermanent disabilityoverlapping disabilitiesprior awardconclusively presumedburden of proofrebuttable presumptionunique factors of disability
References
54
Case No. ADJ1379080 (VNO 0509816)
Regular
Jun 25, 2014

SUSAN STOCKTON vs. SPIRENT COMMUNICATIONS, AMERICAN HOME ASSURANCE, AIG CLAIM SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, returning the case to the trial level for further proceedings. The defendant argued the temporary disability award violated the 104-week limit and that the judge mischaracterized a medical examiner. The EDD sought reimbursement for overlapping benefits paid to the applicant. The Board agreed that the 104-week limitation applies and that the EDD's lien needs further review to determine any overlapping benefit payments.

Workers' Compensation Appeals Boardcumulative traumapermanent disabilitytemporary disabilityLabor Code section 4656104 week limitationAgreed Medical Examiner (AME)Qualified Medical Evaluator (QME)Employment Development Department (EDD)lien
References
1
Case No. AHM 0096520, AHM 0109949 AHM 0095770, AHM 0095602
Regular
Aug 03, 2007

DONALD HORTON vs. LOS ANGELES COUNTY FIRE DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration and vacated the prior award due to procedural errors in calculating permanent disability, specifically the improper handling of overlap and apportionment. The Board remanded the case to the trial level for further proceedings, requiring the Workers' Compensation Judge to issue new rating instructions that properly address these issues. The prior award was amended to defer decisions on permanent disability, overlap, apportionment, and attorney fees.

Workers Compensation Appeals BoardDonald HortonLos Angeles County Fire DepartmentJoint Findings and AwardIndustrial InjuryFirefighterPermanent DisabilityApportionmentOverlapFormal Rating
References
6
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