WCPanelIQ
PanelQMEGranted in Part

John Floyd — ADJ9116799

JOHN FLOYD, Applicant vs. FLOYD SKEREN & KELLY, LLP; CYPRESS INSURANCE COMPANY, administered by Berkshire Hathaway Homestate Companies, Defendants

ADJ number
ADJ9116799
Decision date
Jul 14, 2026
District office
Santa Barbara
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering Cypress Insurance Company)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: brain, heart, circulatory system, internal organs, intestinal system, digestive system, excretory system, irritable bowel syndrome (IBS), vascular system, kidney/renal system, cognitive function

LC §4659LC §4663LC §4664LC §5502LC §5701LC §5701LC §5903LC §5906LC §5952

Summary

John Floyd, an attorney employed by Floyd Skeren & Kelly, LLP, sustained a cumulative industrial injury from March 27, 2001 to April 15, 2013 to his brain, heart, circulatory, internal organs, intestinal, digestive, and excretory systems (including IBS). The WCJ awarded 100% permanent disability, relying on the reports of Drs. Weissman and Brautbar and vocational expert Meyers. Both parties sought reconsideration—applicant regarding a section 4659(c) SAWW increase to the PD rate, and defendant challenging the substantial evidence basis for the award and its apportionment claims under sections 4663 and 4664 based on a prior Joint Award of 45% PD. The Board rescinded the F&A, correcting the injury period and clerical errors, and deferred the issues of permanent disability, apportionment, and attorney fees for further development of the record. The Board found the physicians' opinions on adding WPIs (rather than using the Combined Values Chart) required supplementation to satisfy the intervening Vigil en banc holding on rebutting the CVC through ADL analysis.

Issues

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Holding

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Analysis

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Defense takeaway

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