Applicant Shalanski Lowe, a student assistant for CSU East Bay, sustained an admitted industrial injury on March 4, 2020 to her thoracic spine, lumbar spine, bilateral hips, left hand, left wrist, and left shoulder. The WCJ found applicant did not strike her head, did not sustain a compensable psychiatric injury (employed less than six months under Labor Code 3208.3(d)), and was not entitled to psychiatric treatment, while ordering development of the record on the eye/vision/convergence disorder claim. Applicant sought reconsideration, contending her claim was presumptively compensable, that the record supported head/vision injury, and that psychiatric treatment was necessary to cure or relieve effects of her industrial injury. The Board granted reconsideration, affirmed the WCJ's credibility determination that applicant did not strike her head, affirmed that the section 5402 presumption does not attach to amended body parts (concussion), but rescinded the finding on psychiatric treatment and remanded for development of the record under Bolton/Granado on whether nonindustrial psychiatric treatment was needed to cure or relieve the industrial injury.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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