Ortega Melgoza, Antonio

Antonio Ortega Melgoza sustained an admitted injury to his left thumb (traumatic amputation) and psyche while employed by Cyma Orchids, insured by Zenith Insurance Company, on August 23, 2016. The WCJ found applicant had not reached maximum medical improvement (MMI) psychiatrically, awarded retroactive and continuing temporary total disability up to 240 weeks under Labor Code section 4656(c)(3), found defendant had not complied with an IMR determination, and imposed the section 4650(d) penalty. Defendant petitioned for reconsideration, arguing applicant was at MMI, was not entitled to further TD, that the 4650 increase was improper, and that clerical errors existed. The Board granted reconsideration solely to correct a clerical error misidentifying Zenith Insurance Company as the 'employer' (it is the carrier; Cyma Orchids is the employer), declined to add applicant's full date of birth citing privacy under section 138.7, and otherwise affirmed the WCJ's decision. The Board relied on testimony from both the treating psychiatrist Dr. Shamie and PQME Dr. Reiss that applicant was not at MMI absent treatment.