WCPanelIQ
PanelDenied

Albert Contreras Albert — ADJ3925432, ADJ10116368, ADJ4645800, ADJ4602694, ADJ1080115, ADJ3961337, ADJ414165

ALBERT CONTRERAS, Applicant vs. STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ3925432, ADJ10116368, ADJ4645800, ADJ4602694, ADJ1080115, ADJ3961337, ADJ414165
Decision date
Oct 17, 2021
District office
Riverside
WCJ
Chris Ellen Willmon
Claim administrator
State Compensation Insurance Fund (administering for State of California Department of Motor Vehicles, legally uninsured)
Commissioners
—

Injury / body parts: bilateral knees, lumbar spine, neck, bilateral shoulders, thoracic spine

LC §4663LC §4664LC §5903CCR §10945CCR §10520

Summary

Applicant Alberto Contreras, a DMV license and registration examiner, sustained seven industrial injuries between 1987 and 1998 to his bilateral knees, lumbar spine, neck, and bilateral shoulders. The WCJ issued separate awards of permanent disability (30%, 23%, and 19% in three cases, with no PD or no finding in others), apportioning disability both to non-industrial factors and among the several industrial injuries based on AME Dr. Akmakjian's reports. Applicant petitioned for reconsideration seeking a single combined award of 100% permanent total disability, arguing his injuries were 'inextricably intertwined' under Dileva and that disability ratings should be added rather than combined via the Multiple Disabilities Table under Kite. The Board granted reconsideration but affirmed the WCJ, holding applicant failed to cite any medical evidence that a physician could not apportion disability among the injuries or that addition was more accurate than the MDT. The AME had in fact provided detailed apportionment among injuries and to non-industrial factors.

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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