Applicant Manwell Gali, a Richmond firefighter, claimed a specific psyche injury (PTSD) on September 27, 2019 and a cumulative trauma psyche injury ending the same date, arising primarily from responding to a high school shooting and other work traumas. The case proceeded under an ADR 'carve-out' program with arbitration under Labor Code section 3201.7. The arbitrator relied on Agreed IME Dr. Brian Jacks' report finding industrial PTSD, rejected defense IME Dr. Judith Keins' report (bipolar disorder, non-industrial) as not substantial evidence because she reviewed no medical records, and refused to admit Dr. Keins' supplemental report submitted the day after the arbitration. The arbitrator also found the specific injury presumptively compensable due to defendant's roughly 18-month delay in investigating before denying, and the CT injury presumptively PTSD under Labor Code section 3212.15. The WCAB granted reconsideration, then affirmed the May 3, 2023 Findings of Fact and Award, adopting and incorporating the arbitrator's Report.
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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