ARCO/BP America, Permissibly Self-Insured, Administered By ESIS Rebhi Ayesh WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAREBHI AYESH, Applicant,vs.ARCO/BP AMERICA, Permissibly Self-Insured, Administered By ESIS, Defendant.Case No. ADJ3489554 (SFO 0460075),ADJ409657 (SFO 0473579)OPINION AND DECISION AFTER RECONSIDERATION In order to further study the factual and legal issues in this case, on January 20, 2009, we granted defendant’s petition for reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of October 28, 2008, wherein it was found that “applicant sustained psychiatric injury arising out of and occurring in the course of employment, as a compensable consequence of, and predominantly caused by, the industrial injury to the low back on August 8, 2002.” As relevant to the instant petition for reconsideration, the WCJ also found that the “applicant’s erectile dysfunction was caused by diabetes and smoking cigarettes, and was not caused by the physical or psychiatric injury herein.” However, despite this finding, the WCJ also found that “the psychiatric injury herein contributed to the need for treatment for applicant’s erectile dysfunction,” and that “applicant is entitled to further medical care, in addition to that already awarded, to cure or relieve from the effects of the industrial injury for treatment of the erectile dysfunction.” Previously in this matter, by way of a stipulated Award of October 5, 2004, it was found that, while employed as a mechanic on August 8, 2002 (ADJ3489554), applicant sustained industrial injury to his back, causing permanent disability of 35%. The issue of “urologic” injury was deferred in the stipulated award. Subsequently, on June 6, 2006, applicant , filed a petition to reopen wherein he alleged that he sustained injury to his psyche as a compensable consequence of his physical industrial injuries.1 Defendant contends that the WCJ erred in finding applica
Rebhi Ayesh vs. ARCO/BP America, Permissibly Self-Insured, Administered By ESIS
- Filed On:
- Court: California, San Francisco
- Case No. ADJ3489554
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