WCPanelIQ
PanelQMEMed-legalDenied

Bonilla, Adonai

ADONAI BONILLA, Applicant vs. TRI CITY ECONOMIC DEVELOPMENT CORPORATION; CYPRESS INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ11299343
Decision date
Oct 16, 2025
District office
Oakland
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering Cypress Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: neck/cervical spine, left shoulder, left arm/elbow, low back/lumbar spine, GERD, constipation, sleep disorder/sleep apnea, obesity

LC §5909LC §5900LC §5705LC §5903LC §5952

Summary

Applicant, a truck mechanic, sustained industrial injury on October 23, 2017 to the neck, left shoulder and arm, low back, GERD, constipation, and sleep disorder. The WCJ awarded 89% permanent disability, adding rather than combining impairments and declining to apply apportionment. Defendant sought reconsideration, arguing the medical evidence failed to satisfy Kite/Vigil requirements for adding impairments (claiming no discussion of impacted ADLs) and that the WCJ erred in disregarding the PQMEs' apportionment findings. The Board denied reconsideration, finding the PQME reports of Drs. Sabsovich and Anderson adequately addressed ADLs and synergistic effects to support adding impairments, while their apportionment opinions were cursory and lacked sufficient reasoning to constitute substantial evidence. The Board affirmed the 89% award without apportionment.

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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