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Gary Bradley — ADJ10800441

GARY BRADLEY, Applicant vs. STATE OF CALIFORNIA, Legally Uninsured, Defendant

ADJ number
ADJ10800441
Decision date
Feb 6, 2022
District office
Sacramento
WCJ
—
Claim administrator
State Compensation Insurance Fund (for the State of California, legally uninsured)
Commissioners
—

Injury / body parts: bilateral knees, lumbar spine, cervical spine, bilateral wrists, ears (hearing loss), skin (skin cancer), shoulders (claimed), hips (claimed), elbows (claimed), heart (claimed)

Summary

Gary Bradley, a correctional officer, sustained a cumulative trauma injury through October 28, 2016 to his bilateral knees, lumbar spine, cervical spine, bilateral wrists, ears (hearing loss), and skin (skin cancer). The WCJ found 90% permanent disability, combining orthopedic (85%), skin (23%), and hearing (17%) disabilities using the Combined Values Chart (CVC). Applicant sought reconsideration arguing the disabilities should be added under Kite rather than combined to produce 100% total disability. The Board affirmed the use of the CVC for the orthopedic and hearing loss disabilities, finding no substantial medical evidence of a synergistic effect supporting addition. However, the Board granted reconsideration to defer the skin cancer issue, finding it constituted a separate injury based on PQME dermatologist Dr. Shear's testimony that its causation (sun exposure) was distinct, reducing the award to 87% permanent disability with jurisdiction reserved over the separate skin claim.

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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