Burnett, Andrew

Andrew Burnett, a probation correctional officer, sustained an orthopedic injury to his left wrist and elbow on 10/26/2017 when fellow officers dropped a combative 16-year-old juvenile inmate on his hand during a Code Red emergency, and he later developed a consequential psychiatric injury. The WCJ found the psychiatric injury was predominantly caused by the physical injury (and ultimately by the loss of his career), and therefore barred an increased PD rating under Labor Code section 4660.1(c)(1), finding the violent-act exception under 4660.1(c)(2)(A) inapplicable. Applicant petitioned for reconsideration challenging the denial of psychiatric permanent disability. The majority (Commissioners Snellings and Razo) denied reconsideration, adopting and incorporating the WCJ's report. Deputy Commissioner Schmitz dissented, arguing that the circumstances—a struggle with an angry, combative maximum-security youth during an hour-and-a-half Code Red requiring 35 officers—qualified as a violent act under the Larsen/Wilson definition, distinguishing the case from Smith v. Calistoga Elementary School.