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Diane Scotto, vs. Mt. Diablo Medical Group And Tristar Risk Management,

MT. DIABLO MEDICAL GROUP and TRISTAR RISK MANAGEMENT, DIANE SCOTTO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIANE SCOTTO, Applicant,vs.MT. DIABLO MEDICAL GROUP and TRISTAR RISK MANAGEMENT, Defendant(s).Case No. ADJ374264 (OAK 0326323)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the August 5, 2009 Supplemental Findings and Award and Notice of Intention to Award Attorney’s Fee in Connection with Lien Claimant’s Recovery, wherein the workers’ compensation administrative law judge (WCJ) found that applicant’s claim is not barred by Labor Code section 3208.3(h), and awarded benefits accordingly. The WCJ previously found, in the Findings and Order filed and served on July 12, 2007, that applicant, while employed as a central corridor technician during the period January 1, 1996, through March 2, 2006, sustained a psychiatric industrial injury within the meaning of Labor Code section 3208.3(b)(1), and ordered development of the record on whether applicant’s injury was substantially caused by the employer’s lawful, nondiscriminatory, good faith personnel actions.            Defendant contends the WCJ erred in finding applicant’s injury compensable, arguing that, it when the 5.5% of causation attributed by the agreed medical evaluator (AME) to applicant’s shift change is added to the causation attributed to other good faith personnel actions, the percent of causation attributable to good faith personnel actions reaches 38.5% and exceeds the substantial cause threshold, thus barring compensability for this psychiatric claim.            We have considered the Petition for Reconsideration and applicant’s Response, and we 27 i have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on , Petition for Reconsideration (Report), recommending that the petition be denied.            For the reasons discussed below, we will rescind the WCJ’s decisio


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