Sacramento River Cats; State Compensation Insurance Fund Paul Riggs WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPAUL RIGGS, Applicant,vs.SACRAMENTO RIVER CATS; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case Nos. ADJ1115532 (SAC 0347195)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings and Award (F&A) issued in this case on February 14, 2011, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant sustained injury arising out of and occurring in the course of employment to his neck. thoracic spine, head, and psyche; that applicant was not employed by the employer for six months before his date of injury and so was not entitled to compensation benefits for his psychiatric injury (Findings of Fact, 6); and that applicant’s injury resulted in permanent disability of 43% (Findings of Fact, 7). Applicant contends the WCJ erred in finding applicant was not entitled to compensation for his psychiatric injury, arguing that (1) defendant is bound by its stipulation to injury to the psyche; (2) defendant did not meet its burden to show that applicant was employed less than six months; (3) subsequent employment by defendant counts toward the six-month rule: and (4) applicant’s injury was sudden and extraordinary. Applicant further contends that the WCJ failed to consider all factors of disability pursuant to the panel Qualified Medical Examiner (QME)’s opinion based on “Almaraz/Guzman” and that the apportionment of 33% permanent disability to non-industrial causation based on the opinion of the panel QME is not valid. , We have not received an answer from defendant. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ which recommends denial of the petition. We have reviewed the record and considered the allegations of the petition for reconsideration
