Authorities as the decision cited them, with how this panel applied each one.
Labor Code
Labor Code section 5909
Governs timing and notice requirements for petitions for reconsideration.
From the decision · page 1Former Labor Code section 59091 provided that a petition for reconsideration was deemed
denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab.
Code, § 5909.) Effective July 2, 2024, Labor Code section 5909 was amended to state in relevant
part that:
Athens Administrators v. Workers' Comp. Appeals Bd. (Kite) 78 Cal.Comp.Cases 213
Relevant to combining psychiatric and orthopedic disability ratings.
From the decision · page 4b. Petitioner contends that the psychiatric disability provided by Dr.
Curry should have been combined with the orthopedic disability by
addition pursuant to Athens Administrators v. Workers' Comp.
Appeals Bd. (Kite) 78 Cal.Comp.Cases 213 or in the alternative the
record should be developed in light of the recent decision in Vigil v.
County of Kern, 89 Cal.Comp.Cases 686 (en banc).
Vigil v. County of Kern, 89 Cal.Comp.Cases 686 (en banc)
Allows rebuttal of combined values chart and addition of impairments under certain conditions.
From the decision · page 6Nevertheless, Dr. Curry last statement on whether the impairments should
be added, was based on his opinion that "adding would more accurately express
her work limitations" (Joint Exhibit 00, at page 4). This of course is inconsistent
Labor Code
Labor Code section 4660.1(c)(2)(B)
Defines catastrophic injury and permanent disability rating.
From the decision · page 5On September 6, 2024, Judge Aldrich issued her decision under both case
numbers. However, Judge Aldrich only issued findings of facts with regard to
the specific injury in ADJ9341267. Judge Aldrich made the following findings:
1) applicant sustained injury arising out of and the course of employment to the
psyche; 2) that applicant suffered a catastrophic injury pursuant to Labor Code
section 4660. l (c)(2)(B); 3) thit applicant's injury resulted in 89% permanent
disability after apportionment; 4) that applicant was not entitled to future
medical care for the psyche; 5) that applicant did not rebut the permanent
disability schedule with vocational rehabilitation evidence; and 6) that the
impairments should be combined using the combined values chart, not the
addition method.
Labor Code
Labor Code section 3202.3
Pertains to cumulative trauma injury claims.
From the decision · page 6As noted above, the record is incomplete. There are no stipulations or
issues set forth regarding the claimed cumulative trauma claim through May 20,
2013 (ADJ12916393). Likewise, Judge Aldrich did not make any findings
regarding ADJ12916393. Though, Dr. Isono did not find a cumulative trauma
injury on an orthopedic basis (Joint Exhibit GG, at page 1), it does not appear
that Dr. Curry specifically addressed whether there was a psychiatric cumulative
trauma injury. The undersigned believes that the WCAB should grant
reconsideration and return the cases so that a proper record can be established.