Vigil Sammy

Applicant Sammy Vigil, a maintenance painter for the County of Kern, claimed industrial injury to his hips and back. The WCJ found 68% permanent partial disability by adding (rather than combining via the CVC) the impairments to applicant's left and right hips per Kite, and declined to apply non-industrial apportionment to the hips per Hikida, reasoning the disability resulted from hip replacement surgery. On reconsideration, the Appeals Board sitting En Banc held that the CVC may be rebutted and impairments added where the applicant establishes the impact of each impairment on ADLs and shows either no overlap, or overlap that increases/amplifies the impact on overlapping ADLs. The Board found Dr. Newton's QME opinion was not substantial medical evidence because it contained no analysis of ADLs to support adding the hip impairments, and separately found defendant failed to meet its burden of proving apportionment because the QME's apportionment opinion was conclusory. The Board rescinded the F&A and returned the matter to the trial level for further development of the record.