What the panel ordered
Petition for Reconsideration denied
Petition for Reconsideration and Removal filed by defendant and denied by WCAB panel
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 WCJ found applicant sustained injury to psyche and traumatic brain injury and that entitlement to increased permanent impairment ratings for psyche and traumatic brain injury is not barred by Labor Code section 4660.1(c) (1). The issues of sexual dysfunction injury, permanent disability, and apportionment were deferred for further development of the record.
From the decision · page 3Applicant, born 11/26, 1979, while employed on 01/21/2016 as a furniture worker at Los Angeles, California by Elite Rico Moving and Delivery, Inc., then insured by Transguard Insurance Company of America, sustained injury arising out of and occurring in the course of employment to left shoulder, left thumb, cervical spine, right wrist, bilateral elbows, head, face and right knee. The primary issues in dispute are parts of body injured, permanent disability, apportionment, Labor Code section 4660.1(c) and need for further medical treatment.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant sustained injury to psyche and traumatic brain injury as a result of the 01/21/2016 work injury
Favours Applicant prevailed
This finding supports entitlement to increased permanent impairment ratings for psyche and traumatic brain injury not barred by Labor Code section 4660.1(c) (1)
From the decision · page 6Based on review of the AME medical reports of Dr., Joel Frank dated 09/24/2019 and 07/17/2018 and Dr. Lawrence Richman dated 04/30/2019, it is found that applicant did sustain injury to psyche and traumatic brain injury as a result of the injury of 01/21/2016 while employed for Elite Rico Moving and Delivery, Inc.
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Finds psychiatric conditions including PTSD and depressive disorder were predominately caused by the injury of 01/21/2016 and supports entitlement to increased permanent impairment ratings for psyche injury.
Findings on causation and permanent impairment entitlement for psyche injury
From the decision · page 3Court Exhibit's "EE" and "FF" consist of AME psychiatric medical reports from Dr. Joel Frank (Psychiatrist) dated 09/24/2019 and 07/16/2018, respectively.
Reports symptoms including memory and concentration difficulties, headaches, neck pain, and limb pain; supports finding of traumatic brain injury and entitlement to increased permanent impairment ratings.
Findings on injury and permanent impairment entitlement for traumatic brain injury
From the decision · page 4Court Exhibit "GG" consists of an AME neurologic medical report from Dr. Lawrence Richman (Neurology) dated 04/30/2019.
Report on sexual dysfunction found to be conclusory and lacking substantial medical evidence; supplemental report ordered for further development.
Report did not discuss history of injury, medical history, or physical exam findings; causation opinion was conclusory; permanent disability opinion lacked proper basis.
From the decision · page 5Dr. Wach's notes that applicant reported he cannot maintain and sustain an erection. The doctor's report does not discuss the history of injury, applicant's medical history or the findings on physical examination.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 4660.1(c)
Labor Code section 4660.1(c) (1) and (2) regarding permanent impairment ratings for psychiatric and sexual dysfunction injuries
Applied to determine entitlement to increased permanent impairment ratings and exceptions for violent or catastrophic injury
From the decision · page 6Defendant claims that applicant is not entitled to receive an increase in permanent impairment ratings to psyche, traumatic brain injury and urological system pursuant to Labor Code section 4660.1(c) (1). Applicant claims that section 4660.1(c) (1) does not apply because the injury was the result of a violent act or catastrophic injury pursuant to Labor Code section 4660.1(c) (2).
Wilson v. State Of California Cal Fire (1029) 84 Cal. Comp. Case 393, 403 and 404
Wilson v. State Of California Cal Fire (1029) 84 Cal. Comp. Case 393, 403 and 404 regarding exceptions to permanent impairment rating limitations
Clarifies exceptions to Labor Code section 4660.1(c) (1) for psychiatric injuries caused by violent or catastrophic events
From the decision · page 7The WCAB en banc held in the case of Wilson v. State Of California Cal Fire (1029) 84 Cal. Comp. Case 393, 403 and 404 that:
What proof carried it
The evidence the panel weighed, by kind.
No witness testimony; parties stipulated to submit matter on record
From the decision · page 3No witness testimony was offered by either party. Instead, the parties stipulated to submit the matter on the present record for decision.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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