WCPanelIQ
PanelQMEMed-legalDenied

Pham, Danny

DANNY PHAM, Applicant vs. GARFF ENTERPRISES, INC., dba WEST COAST TOYOTA; ZURICH AMERICAN INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ17198125
Decision date
Apr 27, 2025
District office
Anaheim
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc. (administering for Zurich American Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: left hand second finger, left hand third finger, psyche

LC §5909LC §5900LC §5904LC §4660.1LC §3202.5LC §5705CCR §10955

Summary

Applicant Danny Pham, a mechanic, sustained injury to the second and third fingers of his left hand and to his psyche while operating a machine that exploded on December 22, 2022. At trial, applicant sought a PQME in psychiatry to address permanent disability, while defendant argued the psychiatric injury was merely a compensable consequence of the orthopedic injury, barring increased impairment under Labor Code section 4660.1(c). The WCJ ordered additional discovery so a physician could determine whether the psychiatric injury was directly caused by employment events or a compensable consequence. Defendant petitioned for removal/reconsideration. The Board treated the petition as one for reconsideration (because the decision resolved threshold issues of injury and employment) but applied the removal standard since only an interlocutory discovery issue was challenged, and denied the petition.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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