Tucker Schuyler, Francesca

Applicant Francesca Tucker Schuyler sought reconsideration of a September 11, 2023 Findings and Award in which the WCJ found multiple industrial injuries causing 60% permanent disability but declined to increase the impairment rating for psychiatric impairment, reasoning that under the Labor Code there is no add-on for psychiatric impairment arising from physical injury absent violent acts or catastrophic injury. Applicant argued the WCJ erred in finding the psychiatric injury non-compensable and in using the Combined Values Chart rather than adding the impairment ratings. The Board noted that although applicant did not plead psychiatric injury and defendant did not raise the good faith personnel action defense, the parties obtained a psychiatric AME from Dr. Greils who found 80% of the psychiatric injury was caused by direct work stress and provided a Rolda analysis. Finding it unclear whether the legal issues had been properly identified and whether the record was sufficient, the Board granted reconsideration, ordered the matter set for a status conference, and deferred a final decision pending further review and possible development of the record.