Juan C. Campos, vs. Expert Tree Service, And State; Compensation Insurance Fund

EXPERT TREE SERVICE, and STATE; COMPENSATION INSURANCE FUND JUAN C. CAMPOS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN C. CAMPOS, Applicant, vs.EXPERT TREE SERVICE, and STATE COMPENSATION INSURANCE FUND Defendants.Case No. ADJ850378 (OAK 0327145)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant, State Compensation Insurance Fund, on behalf of its insured, Expert Tree Service, seeks reconsideration of the Findings, Award and Order, issued April 29, 2009, in which a workers’ compensation administrative law judge (WCJ) found applicant, Juan Campos, sustained an industrial injury to his head, neck, back, bilateral knees, bilateral shoulders, chest and psyche on February 2, 2005, while employed as a tree climber/cutter. The WCJ found applicant was employed for less than six months and that his injury was caused by a sudden and extraordinary event of employment. As a result of his injury, applicant was determined to be totally permanently disabled and in need of further medical treatment.            Defendant contests the WCJ’s finding that applicant sustained injury to the psyche and that he is 100% permanently disabled. Defendant first argues that applicant’s claim of injury to the psyche is barred, as it was not caused by a sudden and extraordinary event of employment, as required by Labor Code section 3208.3(d). Second. defendant argues applicant failed to present sufficient evidence to rebut the impairment rating under the AMA Guides, such that the total permanent disability is not justified. Applicant has filed an answer to defendant’s petition.            Following our review of the record, we conclude applicant’s claim of injury to his psyche is barred because it was not caused by a “sudden and extraordinary employment condition.” We shall , grant reconsideration to reverse the finding that applicant sustained an industrial injury to his psyche, and will return this matter to the trial level for a

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