ADJ12781361 · March 2, 2026

The WCJ found 98% permanent disability using the Kite/Vigil method for adding impairments, supported by vocational expert evidence. The WCAB panel found the record incomplete and granted reconsideration for further review.

From the decision · page 1Applicant and defendant each seeks reconsideration of the Amended Findings and Award issued by the workers' compensation administrative law judge (WCJ) on November 19, 2025. Therein, the WCJ found that applicant sustained admitted injury arising out of and in the course of employment (AOE/COE) to his lumbar spine, right arm/elbow, right knee, left knee, left foot/toes, and left lower extremity while employed as a carpenter on December 3, 2018. The WCJ further found that the injury caused permanent disability of 98% permanent disability.

Applicant sustained admitted injury to multiple body parts on December 3, 2018

Favours Applicant prevailed

Establishes compensable injury and basis for permanent disability rating

From the decision · page 1Applicant and defendant each seeks reconsideration of the Amended Findings and Award issued by the workers' compensation administrative law judge (WCJ) on November 19, 2025. Therein, the WCJ found that applicant sustained admitted injury arising out of and in the course of employment (AOE/COE) to his lumbar spine, right arm/elbow, right knee, left knee, left foot/toes, and left lower extremity while employed as a carpenter on December 3, 2018. The WCJ further found that the injury caused permanent disability of 98% permanent disability.

WCJ found 98% permanent disability using Kite/Vigil method

Favours Defendant prevailed

Determines the initial permanent disability rating under review

From the decision · page 1Applicant and defendant each seeks reconsideration of the Amended Findings and Award issued by the workers' compensation administrative law judge (WCJ) on November 19, 2025. Therein, the WCJ found that applicant sustained admitted injury arising out of and in the course of employment (AOE/COE) to his lumbar spine, right arm/elbow, right knee, left knee, left foot/toes, and left lower extremity while employed as a carpenter on December 3, 2018. The WCJ further found that the injury caused permanent disability of 98% permanent disability.

Vocational expert Paul Broadus opined viable occupations exist despite disability

Favours Defendant prevailed

Supports WCJ's finding against 100% disability claim

Record incomplete and requires further development for permanent disability and apportionment

Favours neutral

Leads to granting reconsideration and deferral of final decision

From the decision · page 7Based on our review, we are not persuaded that there is substantial evidence to support the WCJ's decision on the issues of permanent disability and apportionment without additional development of the record. Where the evidence or opinion on an issue is incomplete, stale, and no longer germane, or is based on an inaccurate history, or speculation, it does not constitute

Contra Costa County v Workers' Comp. Appeals Bd. (Dahl) (2015) 240 Cal. App. 4th 746

Scheduled rating rebutted if injury impairs rehabilitation and causes greater loss of future earning capacity (Dahl)

Applied to assess vocational rehabilitation potential

Labor Code section 4660

Permanent disability is determined by whole person impairment and effect on future earning capacity under Labor Code section 4660 and AMA Guides

Applied to assess permanent disability rating

From the decision · page 5Section 4660 provides that permanent disability is determined by consideration of whole person impairment within the four corners of the AMA Guides, as applied by the Permanent Disability Rating Schedule (PDRS) in light of the medical record and the effect of the injury on the worker's future earning capacity. (Brodie v. Workers' Comp. Appeals Bd. (2007) 40 Cal.4th 1313, 1321 [72 Cal.Comp.Cases 565] ["permanent disability payments are intended to compensate workers for both physical loss and the loss of some or all of their future earning capacity"]; Department of Corrections & Rehabilitation v. Workers' Comp. Appeals Bd. (Fitzpatrick) (2018) 27 Cal.App.5th 607, 614 [83 Cal.Comp.Cases 1680] (Fitzpatrick); Milpitas Unified School Dist. v. Workers' Comp. Appeals Bd. (Guzman) (2010) 187 Cal.App.4th 808 [75 Cal.Comp.Cases 837] (Guzman).)

Athens Administrators v. Workers' Comp. Appeals Bd. (Kite) (2013) 78 Cal.Comp.Cases 213

If impairments have a synergistic effect greater than combined values chart, impairments should be added for accuracy (Kite)

Applied to justify adding impairments rather than combining

From the decision · page 6In Athens Administrators v. Workers' Comp. Appeals Bd. (Kite) (2013) 78 Cal.Comp.Cases 213 (writ den.), the Appeals Board held that if there is substantial medical evidence that two or more impairments have a synergistic effect which causes the resulting impairment to be greater

Vigil v. County of Kern (2024) 89 Cal.Comp.Cases 686

To rebut combined values chart, applicant must show activities of daily living impacted by each impairment and how they overlap or amplify (Vigil)

Applied to evaluate methodology for adding impairments

From the decision · page 7Subsequent to Kite, the Appeals Board issued Vigil v. County of Kern (2024) 89 Cal.Comp.Cases 686, 688§ 689 (Appeals Board en banc) wherein it was determined that if an applicant seeks to rebut the CVC and add rather than combine impairments, the applicant must establish that 1) the activities of daily living (ADLs) impacted by each impairment, and 2) the ADLs either do not overlap, or overlap in such a way that it increases or amplifies the impact of the overlapping ADLs.

LeBoeuf v. Workers' Comp. Appeals Bd. (1983) 48 Cal.Comp.Cases 587

Scheduled rating can be rebutted by showing diminished future earning capacity greater than reflected (LeBoeuf)

Applied to consider vocational evidence for rebutting scheduled rating

From the decision · page 4Petitioner A challenges the Finding regarding permanent disability, asserting that the undersigned WCJ should have found 100% permanent disability based upon the vocational expert reporting of Steve Ramirez dated February 29, 2024 [Applicant's Exhibit 1], citing LeBoeuf v. Workers' Comp. Appeals Bd. (1983) 48 Cal. Comp. Cases 587. The crux of Petitioner A's argument is that despite the ability to do limited construction work, and care for his girlfriend, and use a computer, there is no ability to compete in the open labor market.

Vocational expert opinions of Steve Ramirez and Paul Broadus on permanent disability and employability

From the decision · page 4Petitioner A challenges the Finding regarding permanent disability, asserting that the undersigned WCJ should have found 100% permanent disability based upon the vocational expert reporting of Steve Ramirez dated February 29, 2024 [Applicant's Exhibit 1], citing LeBoeuf v. Workers' Comp. Appeals Bd. (1983) 48 Cal. Comp. Cases 587. The crux of Petitioner A's argument is that despite the ability to do limited construction work, and care for his girlfriend, and use a computer, there is no ability to compete in the open labor market.