SPECIAL DEVICES, INC.; STATE COMPENSATION INSURANCE FUND, JAMES SKAGGS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES SKAGGS, Applicant,vs.SPECIAL DEVICES, INC.; STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ4408900 (VNO 0451597)OPINION AND ORDER DENYING RECONSIDERATION Defendant State Compensation Insurance Fund (SCIF) appears to seek reconsideration of the August 28, 2009 Findings and Award of the workers’ compensation administrative law judge (WCJ) in ADJ4408900 (VNO 0451597), who found that applicant sustained industrial injury to his psyche while employed by employer Special Devices, Inc., (SDI) during the period 1993 to his last day on the payroll, August 2, 2001, causing 60% permanent disability after apportionment, and a need for further medical treatment.I The WCJ also found that defendant “failed to prove that good faith personnel actions were a substantial cause of the injury.” SCIF contends that the date of the cumulative trauma injury found by the WCJ is incorrect and should have been found to be sometime in 1999 before it insured SDI, and that the WCJ should have found that the claimed injury was substantially caused by lawful, nondiscriminatory and good faith personnel action(s) and, presumably, that Labor Code section 3208.3(h) bars 1The caption on defendant’s petition carries the case numbers ADJ3235372 (VNO 0451596). However, that case involves applicant’s claim of specific injury. From the content of the petition it appears that defendant’s intention is to challenge the WCJ’s August 28, 2009 decision involving applicant’s claim of cumulative trauma injury to his psyche in ADJ4408900 (VNO 0451597), as captioned above, and that is the decision we address herein. , applicant from recovering benefits for that reason.2 We have carefully reviewed the record and considered the allegations of applicant’s petition for reconsideration and the WCJ’s Report and Recommendation on Petition for Reconsider
