Todd Richard

Richard Todd, a former Los Angeles police officer, sustained a cumulative trauma injury (1990-2009) to his kidneys, heart, psyche, and in the form of hypertension, and pursued benefits against the Subsequent Injuries Benefits Trust Fund (SIBTF) based on multiple prior stipulated disability awards. The WCJ awarded 100% permanent disability by adding applicant's prior permanent disabilities to his subsequent injury award. SIBTF sought reconsideration, arguing the prior and subsequent disabilities should be combined using the Combined Values Chart (CVC) rather than added, which would have resulted in less than 100% disability. Sitting en banc, the Appeals Board affirmed the WCJ, holding that prior and subsequent permanent disabilities are to be added (to the extent they do not overlap) to determine the 'combined permanent disability' under Labor Code section 4751. The Board also held that SIBTF is liable for the total amount of the combined permanent disability, less the amount due from the subsequent injury and less credits allowable under section 4753.