CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior decision. The Board found that the WCJ erred in denying permanent disability for the applicant's stipulated psychiatric injury, as Dr. Mahaney's opinion supported such a finding with 70% industrial causation. The case is returned to the trial level for the WCJ to revisit permanent disability, apportionment, and the applicability of Labor Code section 4658. The Board also noted that the Occupational Group finding should be based on actual job duties.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior decision. The Board found that the WCJ erred in denying permanent disability for the applicant's stipulated psychiatric injury, as Dr. Mahaney's opinion supported such a finding with 70% industrial causation. The case is returned to the trial level for the WCJ to revisit permanent disability, apportionment, and the applicability of Labor Code section 4658. The Board also noted that the Occupational Group finding should be based on actual job duties.
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