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Manning, Arcel

ARCEL MANNING, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ11088696
Decision date: Aug 28, 2024
District office: Riverside
WCJ: —
Claim administrator: State Compensation Insurance Fund (adjusting for legally uninsured California Department of Corrections and Rehabilitation)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: cervical spine, shoulder, hands, lumbar spine, knees, kidneys, hypertension/hypertensive heart disease

LC §4660LC §4660.1

Summary

Applicant Arcel Manning, a correctional officer, sustained an admitted cumulative industrial injury to multiple body parts including cervical spine, lumbar spine, hands, knees, kidneys, and hypertensive heart disease. The WCJ found 85% PPD using the Combined Values Chart (CVC) rather than adding the impairments. Applicant sought reconsideration arguing the impairments to multiple body parts did not overlap and should have been added. The Board, applying its recent en banc decision in Vigil v. County of Kern, found the parties litigated CVC rebuttal under an incorrect legal standard by focusing on whether body parts were distinct rather than whether the impacts on activities of daily living (ADLs) overlapped. The Board rescinded the F&A and returned the matter to the trial level for further development of the record under the correct Vigil standard.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.