What the panel ordered
Petition for Reconsideration denied; Findings and Award of July 14, 2023, upheld.
Defendant filed a Petition for Reconsideration of the Findings and Award issued July 14, 2023; the WCJ issued a Report and Recommendation to deny the Petition; the WCAB panel adopted and incorporated the WCJ Report and denied the Petition for 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.
Dr. Jacks' evaluation and apportionment of 70% industrial causation and 30% preexisting conditions was accepted, resulting in a 27% permanent disability award.
From the decision · page 8As the QME, Dr. Jacks performed a psychiatric evaluation and consultation with psychological testing and interview. Dr. Jacks found impairment and a GAF score of 58, which is 18% WPI. Regarding apportionment, Dr. Jacks describes Applicant's history which includes marital problems and a divorce in 2015. Applicant was put on Lexapro and Ambien. Dr. Jacks opines this earlier breakdown with anxiety and depression made Applicant more vulnerable for a later breakdown and probably explains the extent of his reactions and current problems at work. Dr. Jacks indicates Applicant was divorced again in 2019 around the time of the claimed work difficulties. Dr. Jacks finds the divorce probably caused factors of permanent disability. Dr. Jacks indicates Applicant's sister died in 2018 and his father died in 2020. Dr. Jacks highlights prior panic attacks in 2013 and 2015 and explains that panic attacks can relapse. Dr. Jacks finds but for the preexisting and personal nonindustrial stress, the disability would not be as great. Dr. Jacks apportions 30% to preexisting and personal nonindustrial stressors and 70% to work stress. (Joint Exhibit AA)