Hunter, Jason

Jason Hunter, a psychiatric nurse, was violently assaulted by a patient on January 22, 2021, and subsequently developed psychiatric disability, including aggravation of preexisting PTSD from military service. The WCJ found a compensable specific psychiatric injury and a cumulative psychiatric injury (April–November 2021), awarding temporary total disability, attorney's fees, and further medical treatment. Defendant sought reconsideration arguing the reports of treating physician Dr. Lyons and QME Dr. Tribble were not substantial medical evidence and that the WCJ misapplied Labor Code section 3208.3's heightened causation standard. The WCAB denied reconsideration, holding that QME Dr. Tribble's unrebutted reporting constituted substantial medical evidence and that the WCJ correctly applied the 'substantial cause' (35–40%) standard for victims of violent acts, finding both injuries compensable. The Board emphasized that defendant offered no contrary evidence and that determining what employment events form part of a cumulative claim is a factual/legal question for the WCJ under Rolda.