Elida Shkreli v. Initial Contract Services
The claimant suffered an electrical shock at work in August 2002, resulting in neck and back injuries that led to permanent partial disability. She subsequently developed depression, claiming it was a consequential psychiatric disability related to her workplace accident. Initially, a Workers’ Compensation Law Judge awarded benefits for this psychiatric condition, but the Workers’ Compensation Board reversed, crediting the carrier's psychiatrist over the claimant's treating psychiatrist regarding causation. This court, however, reversed the Board's decision, concluding that the carrier's psychiatrist's opinion lacked a rational basis and was speculative, as it failed to adequately account for the claimant's significant physical injuries and the temporal proximity of her depression to the accident. The court found the treating psychiatrist's opinion, linking the depression to the accident, was effectively uncontroverted. The matter was remitted to the Workers’ Compensation Board for further proceedings consistent with the court's decision.