WCPanelIQ
PanelDenied

William Valdez — ADJ11323413

WILLIAM VALDEZ, Applicant vs. ORANGE COUNTY FIRE AUTHORITY, Permissibly Self-Insured, Defendant

ADJ number
ADJ11323413
Decision date
Mar 29, 2022
District office
Santa Ana
WCJ
—
Claim administrator
Orange County Fire Authority, Permissibly Self-Insured
Commissioners
—

Injury / body parts: hypertension, coronary artery disease, hands including thumbs, shoulders, feet including toes, upper digestive tract (hiatal hernia)

Summary

William Valdez, a firefighter, sustained a cumulative industrial injury ending March 30, 2018, affecting hypertension, coronary artery disease, hands/thumbs, shoulders, feet/toes, and upper digestive tract (hiatal hernia), resulting in 89% permanent disability. The WCJ combined applicant's orthopedic disabilities with his internal medicine disabilities using the Combined Values Chart (CVC), though right/left thumbs and right/left feet were added together per the orthopedist's opinion. Applicant sought reconsideration, arguing that the orthopedic disabilities should be added to the internal medicine disabilities based on Dr. Silverman's deposition testimony that they did not overlap. The Board denied reconsideration, holding that Dr. Silverman's report was not substantial medical evidence to rebut the CVC because he opined on impairments outside his specialty and gave no compelling reason for adding the disparate impairments. The decision distinguishes this situation from Kite, where the evaluator explained the synergistic relationship between impairments within his own expertise.

Issues

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Holding

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Analysis

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Defense takeaway

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