California WCABPanel decision

ADJ13016610 · May 19, 2023

Findings and Award affirmed except amended to defer compensable psychiatric injury, permanent disability, and attorney fees issues; matter returned to WCJ for further proceedings

Issues decided: 2
Medical opinions weighed: 2
Authorities named: 1
District office: Redding

What the panel ordered

Findings and Award affirmed except amended to defer compensable psychiatric injury, permanent disability, and attorney fees issues; matter returned to WCJ for further proceedings

Petition for Reconsideration granted to further study factual and legal issues; matter returned to WCJ for further proceedings on compensable psychiatric injury and attorney fees issues

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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.

Psyche AOE/COEDeferredpsyche

The Board found the psychiatric injury issue deferred due to unclear apportionment of causation and credibility issues affecting the evidence; further development by WCJ is needed.

From the decision · page 4Accordingly, we affirm the F&A except that we amend the F&A to defer the issues of

AOE/COEApplicant prevailedneck · right shoulder · headaches · insomnia

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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.

QMEPartially credited · psychiatry

Psychiatric condition predominantly caused by harassment and pain-related injuries; personnel actions were a substantial cause of psychiatric injury.

Dr. Rajpoot opined that the psychiatric injury was predominantly caused by harassment and pain-related injuries, but the exact apportionment was unclear.

From the decision · page 2With regards to the predominant cause of the applicant's identified Adjustment Disorder with mixed anxiety and depression, I believe that reasonable medical evidence in this case suggests that this psychiatric condition is a result of the harassment experienced at Sierra Pacific Industries and likely the ongoing pain issues related to the claimed industrial event. In terms of medical determinations, I am putting forth my clear opinion that both the substantial cause and the predominant cause of the applicant's current psychiatric condition is resulting from injuries sustained from other body parts and appear to be at least partly related to pain. (Joint Exh. 2, Dr. Rajpoot, August 21, 2021, p. 24.)

QMERelied upon

Found injury AOE/COE to neck, right shoulder, headaches and insomnia.

Dr. Burt's opinion supported the finding of injury AOE/COE to physical body parts.

From the decision · page 41. the applicant, while employed on April 5, 2019, as a bander at Quincy, California, by Sierra Pacific Industries, who was and continues to be permissibly self-insured, with workers' compensation insurance issues administered by Sierra Pacific, sustained injury arising out of and occurring in the course of employment to her neck, right shoulder, and in the form of cervicogenic headaches and pain-related insomnia based on the opinions and findings of Panel Qualified Medical Evaluator, Andrew K. Burt, M.D; the issue of whether applicant sustained a compensable psychiatric injury is deferred.

ADJ13016610 · May 19, 2023

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

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The rules the panel named

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