Bracy, Derrell

Applicant Derrell Bracy was found to have sustained an industrial cumulative injury to his psyche while employed by the State of California (legally uninsured), with a cumulative period ending March 8, 2022. The WCJ found the claim was not barred by the statute of limitations and that the QME's reporting constituted substantial medical evidence. Defendant sought reconsideration arguing the claim was time-barred and that the QME report was not substantial evidence because she did not review the personnel file. The Board denied reconsideration, holding that the June 7, 2022 denial letter was too equivocal to stop tolling under Labor Code section 5401(d), and the one-year limitation period only began running from the October 7, 2022 unequivocal denial, making the October 6, 2023 Application timely. The Board also rejected the substantial evidence challenge, finding defendant failed to identify anything in the personnel file that would have altered the QME's causation opinion.