Morales, Salvador

Applicant Salvador Morales, a maintenance mechanic, sustained an amputation injury to his left fingers and thumb tip while sharpening blades, and claimed a psychiatric injury. The WCJ found compensable psyche injury based on the substantial medical evidence of QME Dr. Tahami and awarded temporary disability from March 11, 2022, 'subject to the 104-week cap.' Defendant petitioned for reconsideration. The Board granted reconsideration and affirmed the Findings and Award, but amended it to defer the issue of whether applicant is entitled to more than 104 weeks of TD under Labor Code section 4656(c)(3), recognizing that because applicant suffered an amputation he may fall within the enumerated 240-week exceptions. The Board declined to make its own findings on that undeveloped issue, instead deferring it to be raised by the parties at the trial level to protect due process. It also clarified that EDD's recovery for overlapping duplicate payments would come from indemnity owed to applicant.