Applicant Ghenet Ukbamichael, a physician's assistant, sustained two industrial injuries (October 14, 2015 and December 31, 2015) involving the lumbar spine, cervical spine, psyche, and internal conditions. The WCJ issued a Joint F&A finding 43% permanent disability, denying psychiatric permanent disability under Labor Code section 4660.1(c), and finding applicant not precluded from competing in the open labor market. Applicant sought reconsideration, arguing the psychiatric injury was catastrophic under section 4660.1(c)(2)(B), and challenged apportionment and the open-labor-market finding. The Appeals Board granted reconsideration, finding the WCJ failed to analyze the catastrophic-injury factors set forth in Wilson v. State Cal Fire. The Board rescinded the F&A, substituted new Findings of Fact deferring the permanent disability and attorney fee issues, and remanded for further development of the record on whether the injury was catastrophic.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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