What the panel ordered
Petition for Reconsideration denied, affirming the additive approach to combining disabilities resulting in 100% permanent disability.
Defendant filed a Petition for Reconsideration challenging the use of the additive approach in combining disabilities, following an Amended Findings and Award that combined orthopedic, cognitive, and psychiatric disabilities additively for a total of 100% permanent disability.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The panel found that the additive approach to combining the three components of disability was appropriate due to the synergistic effect between the cognitive and psychiatric disabilities as explained by Dr. McCormack and supported by Dr. Pattison, consistent with the Kite precedent.
From the decision · page 5Applicant filed a Petition for Reconsideration on April 1, 2021, on the issue of how to combine the disabilities. Applicant pointed out that Dr. McCormack had opined that due to the synergistic between the cognitive and the psychiatric disabilities, they should be added together. Pursuant to 8 Cal.Code.Regs 1096l(c), the Findings and Award of March 26, 2021, was rescinded and an Amended Findings and Award was issued on April 16, 2021. In the Amended Findings and Award it was determined that the orthopedic disabilities, the cognitive disability, and the psychiatric disability should each be added together, for a total of 100%.