WCPanelIQ
PanelQMEMed-legalDenied

Amber Fairris — ADJ10475606

AMBER FAIRRIS, Applicant vs. DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Defendants

ADJ number
ADJ10475606
Decision date
Sep 12, 2022
District office
Anaheim
WCJ
Howard Lemberg
Claim administrator
State Compensation Insurance Fund (administering Department of Social Services, legally uninsured)
Commissioners
—

Injury / body parts: psyche

LC §3208LC §3208.3LC §5402LC §139.2CCR §10964

Summary

Amber Fairris, an office assistant for the Department of Social Services (legally uninsured, administered by State Compensation Insurance Fund), claimed a psychiatric injury from cumulative employment from 05/17/2006 through 01/11/2016. The WCJ found she did not sustain a compensable psychiatric injury and that the claim was not presumed compensable under Labor Code section 5402(b), ordering her to take nothing. Applicant sought reconsideration, arguing QME psychologist Dr. Andrew Dean's opinion was not substantial medical evidence because it relied on an incorrect legal definition of 'injury' and failed to recognize that work-related aggravation of preexisting conditions is compensable. The WCAB adopted the WCJ's report, finding Dr. Dean correctly determined applicant's psychiatric diagnoses were predominantly (>50%) caused on a non-industrial basis, failing the heightened threshold of Labor Code section 3208.3(b)(1). Reconsideration was denied.

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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