Brian Yager — ADJ11850265

Brian Yager, a correctional officer, sustained cumulative trauma injuries to his cervical spine, thoracic spine, bilateral shoulders, bilateral feet, and right hip ending September 15, 2018. The QME, Dr. Robert Stone, opined that the neck/upper extremity impairments should be combined with the lower extremity impairments by simple addition rather than the Combined Values Chart (CVC), resulting in 59% permanent disability instead of 51%. Defendants sought reconsideration, arguing the WCJ erroneously added the disabilities and that Dr. Stone applied an incorrect legal standard. The WCAB adopted and incorporated the WCJ's Report, finding that Dr. Stone provided a reasonable, substantial-evidence basis (lack of overlap in ADLs) under the Kite standard for choosing addition over the CVC. Reconsideration was denied and the 59% PD finding affirmed.