What the panel ordered
Petition for Reconsideration is granted; matter set for status conference; final decision after reconsideration deferred pending further review.
Applicant seeks reconsideration of the September 11, 2023 Findings and Award issued by the WCJ, which found industrial injury and 60% permanent disability but denied compensability of psychiatric injury; the WCAB grants reconsideration and defers final decision pending further review and status conference.
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 no compensability for psychiatric injury based on physical injury exceptions, but the WCAB granted reconsideration to further review the compensability of psychiatric injury under Labor Code section 3208.3 and relevant case law, noting the need for further development of the record and legal analysis.
From the decision · page 1Applicant seeks reconsideration of the September 11, 2023 Findings and Award issued by the workers' compensation administrative law judge (WCJ). Therein, the WCJ found that applicant sustained industrial injury to his neck, upper extremities, back, right arm, right wrist, left wrist, left shoulder, right shoulder, bladder, colon, upper digestive tract, and injury in form of hypertension while employed as a city manager during the period between April 30, 2014 to April 30, 2015 (ADJ10561152 (MF)), during the period between April 7, 2014 to April 15, 2015 (ADJ10561411), and on July 13, 2016 (ADJ10562671), causing 60% permanent disability. In his Opinion on Decision, the WCJ stated that "there are no increases in impairment rating for psychiatric impairment arising out of a compensable physical injury, with exceptions for violent acts and catastrophic injury, including loss of limb, paralysis, severe burn head injury. Based on the reporting of [Howard Greils, M.D.] (Joint Exhibits E, F, G, H and I), the Applicant's condition is a result of physical injury and thus pursuant to labor code no increase in rating impairment." (Opinion on Decision, at p. 4.)