Hagan, Lee

Police officer Lee Hagan claimed a psychiatric injury arising from a September 18, 2022 incident in which his girlfriend was severely injured in a motorcycle accident while he was on duty at the airport. The WCJ found applicant failed to prove the psyche injury arose in the course of employment, concluding he materially deviated from his post for personal reasons by leaving the airport, and that the question was legal/factual rather than medical, making a QME unnecessary. The Board granted reconsideration, holding that a compensable psychiatric injury requires both lay AND medical evidence, and that the treating reports of Dr. Soltz were not substantial evidence because they were ambiguous, incomplete, lacked reasoning, and were based on an inadequate history. Because there was no substantial medical evidence as to when applicant's psyche injury began (when he heard the radio report at the airport vs. when he saw the yellow motorcycle at the scene), the Board could not determine course of employment. The Board rescinded the F&O and returned the matter to the trial level for further development of the record, including a likely QME evaluation.