Workers’ Compensation · Primary-source case analysis

Vigil: Rebutting the Combined Values Chart Requires ADL Evidence, Not a Label

By Aneeta Mishra and Timothy Chan

Published May 23, 2026

Sammy Vigil sustained hip and back injuries. The WCJ added the bilateral hip impairments and combined them with the lumbar impairment, but the qualified medical evaluator had not adequately analyzed how the impairments affected activities of daily living.

The CVC remained the starting rule

The Permanent Disability Ratings Schedule ordinarily combines multiple impairments through the Combined Values Chart.

Rebuttal required functional evidence

Addition could be justified when the effects on activities of daily living did not overlap, or when overlap increased or amplified the combined functional impact.

Calling impairments synergistic was not enough

The Board required a critical explanation tying each impairment to identified activities and describing the nature of any overlap.

The record required further development

The Board rescinded the findings and returned the matter for proceedings consistent with the evidentiary framework. Only specified sections of the opinion were en banc.

Key takeaways

• Identify every affected activity of daily living.
• Compare impairment effects for actual overlap.
• Explain any amplification with medical reasoning.
• Distinguish the en banc sections from the panel-only analysis.