Kathy Archie vs. Los Angeles Unified School District

This case is about Kathy Archie, a payroll technician for the Los Angeles Unified School District, who sustained an industrial injury to her psyche on March 7, 2006. The Workers' Compensation Appeals Board affirmed the decision of the Workers' Compensation Administrative Law Judge that the defendant failed to meet its burden of proof on apportionment. The Board found that the post-injury events described by the medical expert were all related to the original injury and do not constitute a separate causal factor, and thus the unapportioned award of permanent disability was justified.

Los Angeles Unified School District Kathy Archie WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKATHY ARCHIE, Applicant,vs.LOS ANGELES UNIFIED SCHOOL DISTRICT, Defendant(s).Case No. ADJ2318379 (VNO 0533204)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted defendant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the June 15, 2009 Findings of Fact and Award, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a payroll technician on March 7, 2006, sustained industrial injury to her psyche, causing 38 percent permanent disability. The WCJ found that defendant failed to meet its burden of proof on apportionment.            Defendant contended that the WCJ erred by failing to apportion 40 percent of applicant’s permanent disability to experiences at work subsequent to her admitted March 7, 2006 specific injury.            We have considered the Petition for Reconsideration, applicant’s Answer, and the WCJ’s Report and Recommendation on Petition for Reconsideration (Report); and we have reviewed the record in this matter.            For the reasons expressed by the WCJ in his Report, which we adopt and incorporate, and for the reasons discussed below, we will affirm the decision of the WCJ.1 1 The WCJ mentions in his Report that defendant’s petition is unverified. Verification by defendant is not required in this case, because it is a school district. (Code Civ. Proc., § 446.) ,             Labor Code section 4663(a) provides, “Apportionment of permanent disability shall be based on causation.” Subdivision (c) provides in pertinent part:     “(c) In order for a physician’s report to be considered complete on     the issue of permanent disability, it must include an apportionment     determination. A physician shall make an apportionme

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