Weagle, Daniel

Daniel Weagle, a San Luis Obispo County deputy sheriff with less than six months of employment, sustained an industrial psychiatric injury on August 21, 2020 when he was involved in a shooting incident in which he killed an active shooter; the sudden and extraordinary exception to Labor Code section 3208.3's six-month rule was found satisfied. After returning to duty, Weagle was arrested following a domestic incident on October 5, 2020 and resigned in lieu of termination on October 9, 2020. The WCJ awarded Labor Code section 4850 benefits, finding the domestic incident causally connected to the industrial injury based on PQME Dr. Cohen's deposition testimony and treating psychiatrist Dr. Friedman's report. The Appeals Board, on reconsideration, found the medical evidence equivocal because Dr. Cohen offered conflicting deposition testimony and ultimately disclaimed that the domestic fight was caused by the shooting, while Dr. Friedman offered only a 'quasi-diagnosis' of psychosis. The Board affirmed the finding of industrial psychiatric injury but rescinded the 4850 benefits award and remanded for a supplemental opinion from Dr. Cohen and further development of the medical record.