What the panel ordered
Petition for Reconsideration denied, affirming 100% permanent total disability award.
Defendant seeks reconsideration of the December 12, 2025 Findings, Award and Order issued by the WCJ, which found applicant sustained injury to bilateral upper extremities causing 100% permanent total disability.
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 and panel found Dr. Chitnis' opinion substantial evidence supporting 100% permanent total disability, with addition of impairments per Kite and Vigil rather than combined values chart (CVC).
From the decision · page 3Applicant was evaluated by Nicole Chitnis, M.D. as a "regular physician" per Labor Code § 5701 in the specialty of Physical Medicine & Rehabilitation. Dr. Chitnis examined Applicant on July 8, 2019 (report dated August 7, 2019), August 8, 2022 (report dated August 31, 2022), April 11, 2023 (report dated April 15, 2023), November 7, 2023 (report dated November 11, 2023), and February 12, 2025 (report dated February 16, 2025) (Joint Exhibits 11, 8, 7, 5, and 4). Dr. Chitnis issued three supplemental reports dated April 2, 2020, February 20, 2021, July 4, 2023 (Joint Exhibit 10, 9 and 6). Dr. Chitnis was deposed on three separate occasions: October 19, 2019, May 22, 2024, and August 20, 2025 (Joint Exhibit 14, 13 and 12).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Dr. Nicole Chitnis' detailed impairment ratings and methodology showing 75% loss of function below elbows and 43% WPI each arm.
Favours Applicant prevailed
Her opinion was found substantial evidence supporting 100% permanent total disability.
From the decision · page 3Applicant was evaluated by Nicole Chitnis, M.D. as a "regular physician" per Labor Code § 5701 in the specialty of Physical Medicine & Rehabilitation. Dr. Chitnis examined Applicant on July 8, 2019 (report dated August 7, 2019), August 8, 2022 (report dated August 31, 2022), April 11, 2023 (report dated April 15, 2023), November 7, 2023 (report dated November 11, 2023), and February 12, 2025 (report dated February 16, 2025) (Joint Exhibits 11, 8, 7, 5, and 4). Dr. Chitnis issued three supplemental reports dated April 2, 2020, February 20, 2021, July 4, 2023 (Joint Exhibit 10, 9 and 6). Dr. Chitnis was deposed on three separate occasions: October 19, 2019, May 22, 2024, and August 20, 2025 (Joint Exhibit 14, 13 and 12).
Applicant's credible testimony on symptoms and limitations in daily activities consistent with medical opinion.
Favours Applicant prevailed
Supported the credibility and persuasiveness of Dr. Chitnis' opinion.
From the decision · page 5Applicant credibly testified at trial as to the symptoms experienced in both upper extremities and various limitations in performing day-to-day activities. His testimony was in line with the symptoms and ADL limitations noted by Dr. Chitnis. For these reasons, Dr. Chitnis' opinion utilizing the third methodology for rating impairment per Figure 16-2 is the most persuasive. Based on the foregoing, I am persuaded that Dr. Chitnis' opinion on impairment constitutes substantial medical evidence. Not considering apportionment, which will be discussed below, the permanent disability rates as follows:
Medical record and legal precedent (Kite and Vigil) support addition of impairments rather than combined values chart (CVC).
Favours Applicant prevailed
Justified the method of combining impairments leading to 100% permanent disability rating.
From the decision · page 8Dr. Chitnis opined that Applicant's impairments should be added (Joint Exhibit 4, page 28). During her deposition on August 20, 2025, Dr. Chitnis confirmed that Applicant's situation fell squarely in line with the example given in Vigil of
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.
Assigned impairment ratings for bilateral upper extremities using AMA Guides, opined 75% loss of function below elbows resulting in 43% WPI each arm, supported addition of impairments rather than combined values chart.
Her opinion was found substantial evidence and persuasive by the WCJ and panel, supported by applicant's credible testimony and detailed ADL discussion.
From the decision · page 3Applicant was evaluated by Nicole Chitnis, M.D. as a "regular physician" per Labor Code § 5701 in the specialty of Physical Medicine & Rehabilitation. Dr. Chitnis examined Applicant on July 8, 2019 (report dated August 7, 2019), August 8, 2022 (report dated August 31, 2022), April 11, 2023 (report dated April 15, 2023), November 7, 2023 (report dated November 11, 2023), and February 12, 2025 (report dated February 16, 2025) (Joint Exhibits 11, 8, 7, 5, and 4). Dr. Chitnis issued three supplemental reports dated April 2, 2020, February 20, 2021, July 4, 2023 (Joint Exhibit 10, 9 and 6). Dr. Chitnis was deposed on three separate occasions: October 19, 2019, May 22, 2024, and August 20, 2025 (Joint Exhibit 14, 13 and 12).
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code 4660; Brodie v. WCAB; Fitzpatrick; Guzman
Permanent disability is determined by whole person impairment under AMA Guides and PDRS, considering future earning capacity (LC 4660, Brodie, Fitzpatrick, Guzman).
Applied to assess permanent disability rating and rebuttal of scheduled rating.
From the decision · page 9Section 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).)
LeBoeuf v. WCAB; Ogilvie
Scheduled rating rebutted by showing greater loss of future earning capacity or rehabilitation impairment (LeBoeuf, Ogilvie).
Applied to support rebuttal of strict scheduled rating by applicant.
From the decision · page 10Another way the cases have long recognized that a scheduled rating has been effectively rebutted is when the injury to the employee impairs his or her rehabilitation, and for that reason, the employee's diminished future earning capacity is greater than reflected in the employee's scheduled rating. This is the rule expressed in LeBoeuf v. Workers' Comp. Appeals Bd. (1983) 34 Cal.3d 234 [193 Cal.Rptr. 547, 666 P.2d 989]. In LeBoeuf, an injured worker sought to demonstrate that, due to the residual effects of his work-related injuries, he could not be retrained for suitable meaningful employment. (Id. at pp. 237-238.) Our Supreme Court concluded that it was error to preclude LeBoeuf from making such a showing, and held that "the fact that an injured employee is precluded from the option of receiving rehabilitation benefits should also be taken into account in the assessment of an injured employee's permanent disability rating."
Kite; Vigil
Impairments generally combined using combined values chart (CVC), but addition may be used if ADLs impacted by impairments do not overlap or amplify impact (Kite, Vigil).
Applied to support addition of impairments rather than CVC in this case.
From the decision · page 10Moreover, pursuant to Fitzpatrick, supra, impairments "are generally combined" using the combined values chart (CVC) found in the permanent disability rating schedule (PDRS). However, the "scheduled rating is not absolute" and other methodologies may be used to calculate permanent disability. (Id. at p. 614.) Thus, while the PDRS is prima facie evidence of an employee's permanent disability, it is rebuttable. (Almaraz v. Environmental Recovery Services/Guzman v. Milpitas Unified School Dist. (Almaraz-Guzman II) (2009) 74 Cal.Comp.Cases 1084, 1106 (Appeals Board en banc); see Blackledge v. Bank of America (2010) 75 Cal.Comp.Cases 613 (Appeals Board en banc); City of Sacramento v. Workers' Comp. Appeals Bd. (Cannon) (2013) 222 Cal.App.4th 1360, 167 Cal. Rptr. 3d 1.) Ultimately, however, the goal in rating impairments is accuracy. (Milpitas Unified School Dist. v. Workers' Comp. Appeals Bd. (Almaraz-Guzman III) (2010) 187 Cal.App.4th 808, 822 [75 Cal.Comp.Cases 837].)
What proof carried it
The evidence the panel weighed, by kind.
Applicant's credible testimony on symptoms and ADL limitations consistent with Dr. Chitnis' findings.
From the decision · page 5Applicant credibly testified at trial as to the symptoms experienced in both upper extremities and various limitations in performing day-to-day activities. His testimony was in line with the symptoms and ADL limitations noted by Dr. Chitnis. For these reasons, Dr. Chitnis' opinion utilizing the third methodology for rating impairment per Figure 16-2 is the most persuasive. Based on the foregoing, I am persuaded that Dr. Chitnis' opinion on impairment constitutes substantial medical evidence. Not considering apportionment, which will be discussed below, the permanent disability rates as follows:
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About this page
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