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Jeffrey Blake — ADJ11253479

JEFFREY BLAKE, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ11253479
Decision date: Oct 1, 2026
District office: Goleta
WCJ: —
Claim administrator: State Compensation Insurance Fund (administering State of California, Department of Motor Vehicles, legally uninsured)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: neck, psyche, head, headaches, cervical spine

LC §4663LC §4660.1LC §5909LC §5900

Summary

DMV examiner Jeffrey Blake sustained industrial injury to his neck, psyche, head and headaches on February 3, 2017. A WCJ initially found 72% permanent disability with no apportionment, but on reconsideration the Board reduced this to 47% by applying Dr. Newton's Labor Code section 4663 apportionment (40% of cervical disability attributed to pre-existing factors) and excluding a 3% pain add-on for headaches. Applicant sought reconsideration, arguing Dr. Newton changed his apportionment opinion at an October 15, 2025 deposition, where he testified applicant had normal post-surgery range of motion from the 2012 injury. The Board granted reconsideration and deferred permanent disability and apportionment to allow Dr. Newton to clarify or reformulate his opinion, also noting his computer-generated rating analysis was missing from the record. The Board declined to reach the headache impairment issue given the deferral.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.