Steve Ryder — ADJ8401036

Firefighter Steve Ryder sustained a preexisting cumulative trauma injury (cardiovascular, digestive, hearing, and skin) resulting in 79% permanent disability and a subsequent cumulative trauma injury to his prostate (cancer) with compensable consequence injuries of urinary incontinence and sexual dysfunction, rated at 46% PD. The sole issue on reconsideration was whether his preexisting and subsequent permanent disabilities should be added or combined using the Combined Values Chart (CVC) to determine SIBTF benefits under Labor Code section 4751. The WCJ had used the CVC to find 88% combined disability. Applying the en banc decision in Todd v. SIBTF, the Board held that prior and subsequent disabilities must be added to the extent they do not overlap. Finding no overlap, the Board added the 79% preexisting PD to the 46% subsequent PD to reach 100% permanent total disability. The Board affirmed the November 7, 2016 Findings of Fact and Award as amended, awarding lifetime indemnity at $1,010.50 per week subject to section 4659(c) COLA and less section 4753 credits.