Case Law Database

Cynthia Hargerty vs. HealthNet, Inc.; Safety National Insurance

Applicant Cynthia Hargerty, a substance abuse counselor, sustained injuries in 2013 and settled her case for 27% permanent disability in 2018. She later petitioned to reopen, asserting her psychiatric injury was compensable under Labor Code section 4660.1(c) and that vocational reporting indicated total disability. The Workers' Compensation Appeals Board affirmed the WCJ's December 23, 2021 F&O, stating the prior finding on psychiatric injury non-compensability was final due to lack of appeal. The Board also deemed the vocational expert's opinion insufficient as it relied on psychiatric impairment statutorily barred and inadequately addressed non-industrial apportionment factors.