Jonathan Villalta — ADJ13042541

Applicant Jonathan Villalta settled an accepted injury to his lumbar spine, cervical spine, thoracic spine, right ankle, right hip, right foot and toes via Stipulations with Request for Award at 69% permanent partial disability. He filed a petition to reopen alleging worsening, including CRPS in the right lower extremity that necessitated crutch use causing new injuries to bilateral shoulders, bilateral wrists, and the right leg. After trial, the WCJ relied on PQME Dr. Christopher Chen's opinions and the en banc decision in Vigil v. County of Kern to add (rather than combine) the disabilities, resulting in 100% permanent total disability. Defendant sought reconsideration, arguing the prior 69% stipulation has a collateral estoppel effect requiring the disabilities to be combined rather than added. The Appeals Board granted reconsideration, deferring a final decision because it was not persuaded the record was sufficiently developed on the issue of permanent disability.