What the panel ordered
The Board amends the March 28, 2023 Findings and Order to find that the motor vehicle accident on November 25, 2020 was a sudden and extraordinary event and that the applicant's claim of injury to her psyche is not barred by Labor Code section 3208.3(d). Otherwise, the March 28, 2023 Findings and Order is affirmed, and all other issues are deferred.
Applicant seeks reconsideration of the Findings of Fact and Order issued by the WCJ on March 28, 2023, which denied compensability for the industrial psychiatric injury pursuant to Labor Code section 3208.3(d). The WCJ issued a Report and Recommendation on Petition for Reconsideration recommending denial of the petition. The Board granted reconsideration to study the factual and legal issues and issued this Opinion and Decision After Reconsideration.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board found that the motor vehicle accident on November 25, 2020 was a sudden and extraordinary event, thus the applicant's psychiatric injury claim is not barred by Labor Code section 3208.3(d). The applicant's credible testimony and expert medical opinions supported causation and compensability.
From the decision · page 1We have not received an answer from defendant. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that the Petition be denied. We have considered the allegations in the Petition and the contents of the Report with respect thereto. Based on our review of the record, and for the reasons discussed below, we will amend the March 28, 2023 F&O to find that the motor vehicle accident on November 25, 2020 was a sudden and extraordinary event (Finding 5) and that applicant's claim of injury to her psyche is not barred by Labor Code section 3208.3(d). Otherwise, we will affirm the March 28, 2023 F&O.