Sill, Kevin

Applicant Kevin Sill contracted COVID-19 arising out of and in the course of his employment with The Kroger Company (dba Ralphs Grocery Company), resulting in cognitive/brain impairment, pulmonary injury, and a compensable psychiatric consequence. The WCJ awarded temporary disability from April 10, 2020 to February 24, 2021 and 17% permanent disability, finding additional psychiatric disability barred under Labor Code section 4660(c)(1) and that there was no compensable cardiovascular injury. Applicant sought reconsideration, arguing his psychological injury was a component of his COVID-19 infection (possibly 'Long Covid') rather than a separate physical injury, and that he was entitled to TD on a psychological basis through at least July 20, 2021. The Appeals Board granted reconsideration, noting significant doubt about whether the 2021 QME reports remained probative given that both the internal and neuro-psychiatric evaluators last examined applicant in 2021. The Board deferred a final decision pending further review of the merits and the entire record.