Thomas, Debra

Applicant Debra Thomas, an academic teacher at Chuckawalla Valley State Prison/CDCR, sought reconsideration of a July 1, 2024 Findings and Award in which the WCJ found she did not sustain an industrial psychiatric injury during her employment from December 1, 2017 through April 7, 2021. The PQME, Dr. Sanjay Agarwal, diagnosed an Adjustment Disorder with Mixed Anxiety and Depressed Mood and found that actual events of employment (largely the actions of supervisor Mr. Fisher) were the predominant cause of the injury and need for treatment. The Appeals Board granted reconsideration, finding the WCJ improperly substituted her own lay opinion for the medical evidence, failed to analyze the substantiality of the PQME's opinion, erroneously concluded an Adjustment Disorder is 'not a psychiatric category,' and improperly relied on a good faith personnel action defense that was never raised or litigated. The Board also expressed concern about the WCJ's gratuitous references to the applicant's race and gender. The Board rescinded the Findings and Award and remanded the matter to the presiding judge for reassignment to a new WCJ for a trial de novo.