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Robert Opsal — ADJ15556443

ROBERT OPSAL, Applicant vs. CALIFORNIA HIGHWAY PATROL, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendant

ADJ number
ADJ15556443
Decision date
Sep 20, 2026
District office
Lodi
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER

Injury / body parts: shoulders, neck, lungs, ankles, left eye, head, chest, psyche, knees, sports hernia (groin/soft tissue)

LC §5900LC §5909CCR §10600

Summary

Robert Opsal, a CHP officer thrown from his motorcycle on November 18, 2021, sustained industrial injury to numerous body parts and was awarded 87% permanent disability by the WCJ using the Combined Values Chart. The WCJ rejected applicant's vocational expert Scott Simon's opinion of 100% permanent total disability because it relied on temporary work restrictions from QME Dr. Klein, who admitted the 'sports hernia' condition was outside his specialty. Applicant sought reconsideration contending the vocational evidence established unemployability. The Board agreed the WCJ correctly found Simon's report lacked substantial evidence but concluded the record required further development on permanent disability. The Board granted reconsideration, deferred the permanent disability issue, and remanded for development of medical and vocational evidence, including application of Vigil principles regarding overlapping impairments.

Issues

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Holding

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Analysis

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Defense takeaway

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Provider takeaway

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