County Of Los Angeles,Permissibly self- insured,administered by Intercare, Carol Serna- Torres WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIACAROL SERNA-TORRES,Applicant, vs. COUNTY OF LOS ANGELES, permissibly self-insured, administered by INTERCARE,Defendant(s).Case No. ADJ838713 (VNO 0552616)OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the April 29, 2010 Findings and Award, wherein theworkers’ compensation administrative law judge (WCJ) found that the applicant, while employedas a secretary by the County of Los Angeles Fire Department sustained a cumulative trauma industrial injury through March 19, 2004 to her psyche. Defendant contends that the WCJ erred in finding the applicant suffered a psychiatric injuryarising out of and in the course of her employment, arguing that the WCJ did not determinewhether applicant’s injury was substantially caused by good faith personnel actions in accordancewith Rolda v. Pitney Bo’,,’e (200]) 66 Cal.Comp.Cases 241 , 246 (Appeals Board en banc). We have considered the petition for reconsideration and we have reviewed the record inthis matter. We have not received an answer from applicant. The WCJ prepared a Report on Reconsideration (Report), recommending that we deny reconsideration. For the reasons discussedbelow, we will grant reconsideration, rescind the decision, and return the matter to the trial levelfor the WCJ to determine whether applicant’s claim is barred because her injury was substantially24 caused by lawful, nondiscriminatory, good faith personnel actions. , BACKGROUND The applicant was evaluated by a panel qualified medical evaluator (PQME), Dr. Procci,who opined that applicant’s injury was industrial and addressed the issue of causation as follows: “Although this is the type of case in which much is based on the injured worker’s self-report of verbal interactions, there appears to be evidence of stressors that can be considered indu
