KIMBERLY KIDD, Applicant vs. ALAMEDA CONTRA COSTA TRANSIT DISTRICT, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants
ADJ number
ADJ9105305
Decision date
Sep 6, 2021
District office
Oakland
WCJ
Lilla J. Szelenyi
Claim administrator
Sedgwick Claims Management Services
Commissioners
—
Injury / body parts: head, neck, back, shoulders, psyche, cervical spine, right shoulder
Summary
Bus driver Kimberly Kidd sustained an industrial injury on August 6, 2013, from a motor vehicle accident, resulting in orthopedic (54%) and psychiatric (38%) disabilities. The WCJ rated her permanent disability at 92% by adding rather than combining the two disability percentages, relying on the opinion of psychiatric AME Dr. Ann Allen. Defendant sought reconsideration, arguing the disabilities should be combined using the Combined Values Chart and that Dr. Allen's analysis was not substantial evidence. The Board denied reconsideration, holding that Dr. Allen's reports and deposition testimony constituted substantial evidence supporting addition because there was no overlap between the impairments and a synergistic effect existed. The Board emphasized that the determinative factor is the accuracy of the rating, not mere use of the term 'synergistic.'
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.