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California WCABPanel decision

ADJ9254033 · July 8, 2022

Petition for Reconsideration denied.

Issues decided: 1
Medical opinions weighed: 1
Authorities named: 2
District office: Marina del Rey

What the panel ordered

Petition for Reconsideration denied.

Petition for Reconsideration filed by Defendant after WCJ decision; WCAB panel denies Petition for Reconsideration, adopting and incorporating WCJ report and opinion.

Read the official decision →

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.

AOE/COEApplicant prevailedpsyche · head

The judge found the psychiatric injury fully compensable under the violent act exception of Labor Code 4660.1(c) based on credible testimony and substantial medical evidence from Dr. Levander diagnosing PTSD from a direct injury and traumatic event.

From the decision · page 3There were multiple issues submitted for decision but the most controversial was whether the judge would find all or part of the psychiatric impairment compensable as a direct injury arising from the event on 6/3/13, or alternatively compensable under the violent act exception of Labor Code 4660.1. The judge ultimately ruled in Applicant's favor and determined the psychiatric injury was fully compensable leading to a combined permanent disability Award of 89%.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

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ADJ9254033 — California WCAB decision · SimilarCase

Applicant fell approximately 6 to 8 feet from a truck onto rocks and concrete, losing consciousness and sustaining multiple injuries including head trauma.

Favours Applicant prevailed

This violent act and traumatic injury supported the compensability of the psychiatric injury under the violent act exception.

From the decision · page 3applicant, at age 45, while employed as a truck driver, for Hickory Springs of California, sustained injury on 6/3/13 involving a hernia, upper GI, bilateral shoulders, neck, lumbar spine, right knee, right ankle, hands, left ankle, and psyche. This is case ADJ9254033. There was also filed a cumulative trauma, ADJ9254163, which the parties stipulated was non-compensable. All injured body parts and need for treatment were the result of only the specific injury of 6/3/13.

Dr. Levander diagnosed PTSD and apportioned 50% of psychiatric impairment to the traumatic event and 50% to orthopedic injuries, concluding the traumatic event portion was compensable.

Favours Applicant prevailed

His medical opinion was relied upon by the judge to find compensability of the psychiatric injury.

From the decision · page 8Whether applicant suffered a "compensable" psychiatric injury is the main disputed issue in this case. To help decide the issue the judge reviewed the psychiatric PQME report of Dr. Eric Levander dated 4/2/20 (Exhibit R) and Dr. Levander's deposition testimony taken on 1/7/21. (Exhibit S)

Applicant's credible testimony at trial corroborated the violent nature of the injury and loss of consciousness, supporting the violent act exception.

Favours Applicant prevailed

Credibility of applicant's testimony was given great weight by the judge in finding compensability.

From the decision · page 11The judge agrees with Applicant that the violent act exception applies here. Dr. Levander refers to the fall and resulting head injury and loss of consciousness as a "traumatic, life-threatening experience." This is corroborated by Applicant's credible testimony at the Trial.