CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded a prior award finding applicant sustained injury AOE/COE, including a psychiatric component, due to a "violent act." The Board determined the applicant's fall from a truck, while assisting a tow, did not meet the legal definition of a "violent act." Due to newly issued precedent regarding the "catastrophic injury" exception under Labor Code section 4660.1(c)(2)(B), the case was returned to the trial level for further proceedings to assess this alternative basis for an increased psychiatric impairment rating. The WCAB also noted a need to clarify whether the psychiatric injury was a direct result of employment events or a consequence of the physical injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded a prior award finding applicant sustained injury AOE/COE, including a psychiatric component, due to a "violent act." The Board determined the applicant's fall from a truck, while assisting a tow, did not meet the legal definition of a "violent act." Due to newly issued precedent regarding the "catastrophic injury" exception under Labor Code section 4660.1(c)(2)(B), the case was returned to the trial level for further proceedings to assess this alternative basis for an increased psychiatric impairment rating. The WCAB also noted a need to clarify whether the psychiatric injury was a direct result of employment events or a consequence of the physical injury.
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