Kaiser Foundation Hospital; Sedgwick Claims Management Services, Aida Begolli Qose, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAIDA BEGOLLI QOSE,Applicant,vs.KAISER FOUNDATION HOSPITAL; SEDGWICK CLAIMS MANAGEMENT SERVICES,Defendants.Case No. ADJ8809268(Anaheim District Office)OPINION AND DECISION AFTER RECONSIDERATION On September 25, 2017, we granted applicant’s Petition for Reconsideration of the Findings and Orders (F&O) issued by a workers’ compensation administrative law judge (WCJ) on July 13, 2017, wherein he found in pertinent part that applicant did not sustain injury to her internal systems and that compensation for her psychiatric injury was barred by Labor Code section 3208.3(h). Applicant contends that the WCJ erred in finding that her psychiatric injury was substantially caused by lawful, nondiscriminatory, good faith personnel actions. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ, which recommended that the petition be denied. On August 11, 201 7, applicant filed a “Response to Report and Recommendation on Petition for Reconsideration,” but did not serve defendant with a copy as required by WCAB Rule 10510 (b) (Cal. Code Regs., tit. 8, § 10510 (b )). WCAB Rule 10848 (Cal. Code Regs., tit. 8, § 10848) requires a party to request permission before filing a supplemental pleading and here, applicant did not seek permission. Thus, although we will serve defendant with a copy of the Response pursuant to WCAB Rule 10324(b) (Cal. Code Regs., tit. 8, § 10324(b)), we do not consider it. We have considered the allegations of the Petition for Reconsideration and the contents of the Report with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s Report which we adopt and incorporate, we will affirm the F&O. , We have given the WCJ’s credibility determinations great weight because the WCJ had the opportunity
