Shelton, Clemon

Applicant Clemon Shelton, a custodian for the permissibly self-insured City of Los Angeles, sustained a cumulative trauma injury (1998-2013) to multiple body parts and was found 84% permanently disabled after apportionment by a Workers' Compensation Arbitrator (WCA), who combined rather than added impairments under the CVC. Applicant petitioned for reconsideration, arguing the orthopedic and hearing disabilities should be added per Kite, that the WCA erred in applying 25% non-industrial apportionment to the knees, and that the attorney's fee was miscalculated. The Appeals Board first addressed timeliness, holding that its grant of reconsideration was timely under equitable tolling principles (Shipley) because the case file was not transmitted to the Board within 60 days through no fault of the parties. On the merits, the Board concluded the WCA must revisit the adding-versus-combining issue under the en banc decision Vigil v. County of Kern, reconsider knee apportionment under Escobedo, and recalculate attorney's fees (which the WCA conceded was in error). The matter was affirmed in part, with key findings rescinded and deferred, and remanded to the Arbitrator.