Smith, Stephen

Applicant Stephen Smith sustained an admitted cumulative trauma injury to his bilateral upper extremities, hands, and wrists while working as an Administrative Law Judge through September 23, 2010. The WCJ found 100% permanent total disability based on the opinion of Dr. Nicole Chitnis, a 'regular physician' appointed under Labor Code section 5701, who rebutted the strict AMA Guides rating using Almaraz/Guzman methodology (analogizing to Figure 16-2, upper extremity amputation) and added rather than combined the bilateral impairments per Kite and Vigil. Defendant State of California, DGS (adjusted by State Compensation Insurance Fund) sought reconsideration, arguing Dr. Chitnis's opinion was not substantial evidence and that impairments should have been combined using the CVC. The WCAB adopted and incorporated the WCJ's Opinion and Report, finding Dr. Chitnis's opinion constituted substantial evidence and that addition was properly supported by the medical record and the applicant's credible ADL testimony. The Petition for Reconsideration was denied.