What the panel ordered
Petition for reconsideration granted; final decision deferred pending further review of the merits and the record.
Defendant petitioned for reconsideration of the WCJ's January 9, 2026 Findings and Award, which found 56% permanent disability for applicant's psych and heart injury. The WCAB granted reconsideration and deferred a final decision for further review.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ found 56% permanent disability based on medical evidence and applicant testimony, using the addition method for impairments per Kite and Vigil. The WCAB granted reconsideration to further review whether substantial medical evidence supports the WCJ's decision.
From the decision · page 8V. Accordingly, we grant defendant's Petition for Reconsideration, and order that a final decision after reconsideration is deferred pending further review of the merits of the Petition for Reconsideration and further consideration of the entire record in light of the applicable statutory and decisional law. While this matter is pending before the Appeals Board, we encourage the parties to participate in the Appeals Board's voluntary mediation program. Inquiries as to the use of our mediation program can be addressed to WCABmediation@dir.ca.gov. For the foregoing reasons, IT IS ORDERED that defendant's Petition for Reconsideration is GRANTED.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Dr. Bellinger's opinion that PTSD, hypertension, and coronary artery disease affect different ADLs, supporting addition of impairments.
Favours Applicant prevailed
This analysis was used to rebut the CVC and justify the addition method for permanent disability rating.
From the decision · page 5At this point, the symptoms and alteration of life's activities are different between PTSD, hypertension, and non-obstructive coronary artery disease. Adding all three together would provide greater accuracy for the level of injury." (Jt. Exh. 2, Dr. Bellinger, 1/27/25.)
Applicant's credible testimony regarding PTSD symptoms and their impact on daily life.
Favours Applicant prevailed
Supported the finding of psychiatric impairment and the GAF score used in the rating.
From the decision · page 3At trial, the applicant credibly testified that he experienced PTSD symptoms of flashbacks, nightmares, withdrawing anxiety and stress. He lives in the area where he used to patrol and he gets triggered. (MOH/SOE, p. 4, lines 19-21.) When the applicant experiences a flashback, it is an intense feeling like something bad will happen. His body tenses up. (MOH/SOE, p. 5, lines 9-10.) The applicant experiences sadness and depression. (MOH/SOE, p. 5, line 15.)
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Dr. Bellinger apportioned 40% of hypertension disability as nonindustrial and opined that PTSD, hypertension, and coronary artery disease affect different ADLs, supporting addition of impairments rather than combining under CVC.
Opinion used to support addition of impairments per Kite and Vigil.
From the decision · page 5At this point, the symptoms and alteration of life's activities are different between PTSD, hypertension, and non-obstructive coronary artery disease. Adding all three together would provide greater accuracy for the level of injury." (Jt. Exh. 2, Dr. Bellinger, 1/27/25.)
Dr. Dorsey initially rated WPI at 8%, later testified GAF could be 55-60, and apportioned 10% of psych disability to residual back pain.
Opinion used to determine psychiatric impairment and apportionment.
From the decision · page 4Considering the record as a whole, including the applicant's testimony which the court finds credible, a GAF score of 55, with a corresponding Whole Person Impairment of 23 is appropriate. Dr. Dorsey apportioned 10% of applicant's psych disability to his residual back pain. (Jt. Exh. 7, Dr. Dorsey, 8/8/24.)
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Athens Administrators v. Workers' Comp. Appeals Bd. (Kite) (2013) 78 Cal. Comp. Cases 213
Impairments may be added if substantial medical evidence supports that adding impairments results in a more accurate rating than using the Combined Values Chart (CVC).
Applied to support addition of impairments for different body parts when ADLs do not overlap.
From the decision · page 4Under Kite, impairments may be added if substantial medical evidence supports a physician's opinion that adding impairments will result in a more accurate rating of the applicant's level of disability than the rating that results from the use of the CVC. (Athens Administrators v. Workers' Comp. Appeals Bd. (Kite) (2013) 78 Cal. Comp. Cases 213.) Specifically, in Kite, the QME recommended the addition of the separate ratings for the right and left hips as the best way to combine impairments, rather than using the Combined Values Chart (CVC), which would reduce the overall rating. The QME went on to state that there was a "synergistic effect of the injury to the same body parts bilaterally versus body parts from different regions of the body" that warranted addition rather than combining under the CVC.
Vigil v. County of Kern (2024) 89 CCC 686 (en banc)
The CVC in the PDRS can be rebutted and impairments can be added when applicant establishes the impact of each impairment on ADLs and either there is no overlap or overlap increases the impact.
Applied to determine whether impairments should be added or combined based on ADL overlap.
From the decision · page 5In Vigil v. County of Kern (2024) 89 CCC 686 (appeals board en banc), the board issued an en banc decision explaining the evidence necessary to support rebuttal of the CVC. The WCAB held that the CVC in the permanent disability ratings schedule (PDRS) can be rebutted and impairments can be added when an applicant establishes the impact of each impairment on the activities of daily living (ADLs) and that either:
What proof carried it
The evidence the panel weighed, by kind.
Applicant credibly testified to PTSD symptoms, flashbacks, nightmares, anxiety, and depression, which supported the finding of psychiatric impairment.
From the decision · page 3At trial, the applicant credibly testified that he experienced PTSD symptoms of flashbacks, nightmares, withdrawing anxiety and stress. He lives in the area where he used to patrol and he gets triggered. (MOH/SOE, p. 4, lines 19-21.) When the applicant experiences a flashback, it is an intense feeling like something bad will happen. His body tenses up. (MOH/SOE, p. 5, lines 9-10.) The applicant experiences sadness and depression. (MOH/SOE, p. 5, line 15.)
QME Dr. Bellinger's analysis of ADLs showed no overlap between PTSD, hypertension, and coronary artery disease, supporting addition of impairments.
From the decision · page 5At this point, the symptoms and alteration of life's activities are different between PTSD, hypertension, and non-obstructive coronary artery disease. Adding all three together would provide greater accuracy for the level of injury." (Jt. Exh. 2, Dr. Bellinger, 1/27/25.)
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About this page
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