COSTCO WHOLESALE, Permissibly Self- Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES, TODD BURNS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATODD BURNS, Applicant,vs.COSTCO WHOLESALE, Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendant.Case Nos. ADJ2301634 (RDG 0079575)ADJ3681119 (RDG 0085051)ADJ6607629OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the Joint Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on February 27, 2009, wherein the WCJ found that applicant, while employed on December 17, 1996 (RDG 079575), December 31, 1996 (ADJ6607629), and from March 17, 1996 through March 17, 1997 (RDG 085051), as a stocker, sustained industrial injury to his low back. The WCJ also found that applicant is entitled to medical treatment to cure or relieve the effects of his industrial injuries, including anti-depressant medication and other treatment as needed and appropriate for his depression. Previously, on April 28, 2004, the WCJ approved the parties’ stipulations with request for award, awarding applicant 61% permanent disability and future medical treatment. Defendant contends the WCJ erred in ordering workers’ compensation benefits for a depression claimed as a compensable consequence of an injury to the low back, when the medical evidence in support of such a finding does not meet the requirements for a compensable psychiatric injury pursuant to Labor Code section 3208.3.1 Defendant argues that there is no equitable estoppel based on its prior course of conduct in authorizing antidepressant medications. We have considered the allegations of the petition for reconsideration and the contents of 1Unless otherwise stated, all further statutory references are to the Labor Code. , the WCJ’s Report and Recommendation of Workers’ Compensation Administrative Law Judge on Petition for Reconsideration (Repo
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