CompFox AI Summary
The Workers' Compensation Appeals Board reconsidered applicant Tony Val's claim for psychiatric injury, which was denied by the trial judge. The Board found that Labor Code section 5402(b)'s presumption of compensability does not apply to the psyche claim because the amended application for psyche injury did not trigger a new 90-day denial period for the employer. The Board also noted that while the psychiatric PQME opined that industrial factors were the predominant cause, certain factual determinations regarding actual employment events and good faith personnel actions remained for the trial judge to resolve. Therefore, the Board amended the findings to defer the issue of psychiatric injury compensability and returned the matter for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board reconsidered applicant Tony Val's claim for psychiatric injury, which was denied by the trial judge. The Board found that Labor Code section 5402(b)'s presumption of compensability does not apply to the psyche claim because the amended application for psyche injury did not trigger a new 90-day denial period for the employer. The Board also noted that while the psychiatric PQME opined that industrial factors were the predominant cause, certain factual determinations regarding actual employment events and good faith personnel actions remained for the trial judge to resolve. Therefore, the Board amended the findings to defer the issue of psychiatric injury compensability and returned the matter for further proceedings.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.