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PanelQMEMed-legalGranted

Pirro, Michael

MICHAEL PIRRO, Applicant vs. RAPID7, LLC; CONTINENTAL INSURANCE COMPANY, administered by CNA CLAIMS PLUS, INC., Defendants

ADJ number: ADJ14327332
Decision date: Aug 13, 2023
District office: Van Nuys
WCJ: —
Claim administrator: CNA Claims Plus, Inc.
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, NATALIE PALUGYAI, COMMISSIONER

Injury / body parts: psyche

LC §3600LC §3202.5LC §3208.3LC §4060LC §4061LC §4062.3LC §5705LC §5701LC §5906LC §5952

Summary

Applicant Michael Pirro, a Senior Technical Support Engineer, claimed a cumulative psychiatric injury (anxiety and depression) during January 2020 to February 2021. The WCJ found no compensable injury, relying on PQME Dr. Peters' report, which apportioned 65% of applicant's psychological state to his termination, concluding applicant failed to meet the predominant cause threshold under section 3208.3(b). The Board granted reconsideration, finding Dr. Peters' report was based on an inadequate medical history because she lacked the records of PTP Dr. Fera and applicant's employment records, both of which she stated she wished to review. The Board also observed that Dr. Peters may have conflated the legal standards for causation and apportionment. The F&O was rescinded and the matter remanded for development of the medical record.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.