WCPanelIQ
PanelMed-legalRemanded

Halcomb, Covie

COVIE HALCOMB, Applicant vs. J FOUR ENTERPRISES; EVEREST NATIONAL INSURANCE COMPANY, Administered By GALLAGHER BASSETT SERVICES, Defendants

ADJ number
ADJ10342642
Decision date
Oct 27, 2024
District office
Sacramento
WCJ
—
Claim administrator
Gallagher Bassett Services (administering for Everest National Insurance Company)
Commissioners
—

Injury / body parts: head, eyes, vision, face, jaw, chin, mouth, psyche

LC §4660.1LC §5909LC §5900CCR §10600

Summary

Covie Halcomb, a foreman, sustained industrial injury on May 13, 2015 to the head, eyes, vision, face, jaw, chin, and mouth. The WCJ found 70% permanent disability and applied the 'violent act exception' under Labor Code section 4660.1(c)(2)(A) to include psychiatric permanent disability as a compensable consequence, despite making no finding of psychiatric injury. Both parties petitioned for reconsideration: applicant argued the PD should be added rather than combined via the combined values table, while defendant challenged the admission of a psychologist's report not listed on the pretrial conference statement and an alleged improper impairment code. The Board granted reconsideration, rescinded the decision, and remanded for further development of the record so the case could be reanalyzed in light of the en banc decision in Vigil v. County of Kern, since discovery had closed before Vigil issued.

Issues

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Holding

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Analysis

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Defense takeaway

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