What the panel ordered
Petition for Reconsideration granted in part; decision of 12/21/2023 rescinded; matter remanded to WCJ for further proceedings on causation of psychiatric injury and catastrophic injury status; permanent disability award for sexual dysfunction reversed.
Petition for Reconsideration filed by defendant, granted in part, decision of 12/21/2023 rescinded and matter returned to WCJ for further proceedings on causation of psychiatric injury and catastrophic injury status under Labor Code section 4660.1(c)(2)(B).
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.
This issue depends on the causation of psychiatric injury and is deferred pending further record development.
From the decision · page 1RECONSIDERATION We have considered the allegations of defendant's Petition for Reconsideration (petition) and the contents of the Report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ's Report, which we adopt and incorporate, we will grant reconsideration, rescind the WCJ's decision, and return this matter to the WCJ for further proceedings on the issues of: 1) causation of applicant's alleged psychiatric injury, and 2) whether the alleged psychiatric injury is "catastrophic" under Labor Code section 4660.1(c)(2)(B).1 This is not a final decision on the merits of these issues and any aggrieved person may timely seek reconsideration of the WCJ's new decision thereon. As noted in the Report, the WCJ agrees with defendant's additional argument that the WCJ erroneously awarded applicant an increase in his permanent disability rating for sexual dysfunction under section 4660.1(c)(2)(B). (Lab. Code, § 4660.1(c)(2)(B).) This issue and the other issues discussed in the Report should be considered at the trial level in the first instance.