WCPanelIQ
PanelDenied

Anthony Gomes — ADJ11930142

ANTHONY GOMES, Applicant vs. CITY AND COUNTY OF SAN FRANCISCO, permissibly self-insured, Defendants

ADJ number
ADJ11930142
Decision date
Nov 18, 2021
District office
San Francisco
WCJ
Elizabeth Dehn
Claim administrator
City and County of San Francisco (permissibly self-insured)
Commissioners
—

Injury / body parts: neck, thyroid, voice, vision, right eye

LC §5902LC §4660.1CCR §31.7

Summary

Applicant Anthony Gomes, a San Francisco police officer, sustained an industrial injury to his neck, thyroid, voice, vision, and right eye, including stage IV papillary thyroid carcinoma requiring thyroidectomy and radical neck dissection. The WCJ found applicant permanently totally disabled based on AME Dr. Scott Anderson's opinion that the multiple impairments derived from the neck surgery should be added rather than combined under a Kite analysis, which caused the combined impairment to exceed 100%. Defendant, the permissibly self-insured City and County of San Francisco, sought reconsideration arguing that the AME's adding of impairments and his disability opinions were not substantial medical evidence and that disability rated to 84% using the Combined Values Chart. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report and Opinion, and additionally noted that permanent total disability could independently be supported by the Ogilvie/LeBoeuf vocational rebuttal based on the opinions of Dr. Anderson and vocational expert Scott Simon. The Board affirmed the 100% permanent total disability award.

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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