Williams, Keith

The WCAB denied defendant's petition for reconsideration challenging a 36% permanent disability award with no apportionment in a psychiatric injury case arising from a July 10, 2019 workplace assault at knifepoint. Applicant, a Social Worker Aide III supervising a child custody visitation, was threatened with a knife, told the perpetrator would have his family killed, and witnessed the perpetrator kidnap the child under his supervision. The Board affirmed the WCJ's reliance on the primary treating physician Dr. Friedman's opinion attributing 100% of applicant's psychiatric disability to the industrial injury, rejecting defendant's arguments that the Panel QME Dr. Beltran's apportionment opinion (55% industrial/45% non-industrial) constituted substantial evidence. The Board found Dr. Friedman's reporting, though less polished, was supported by applicant's unrebutted trial testimony, while Dr. Beltran's apportionment conclusions were internally inconsistent and contradicted by the applicant's statements that non-industrial stressors did not cause him emotional distress.