Leslie Elizabeth McCain — ADJ11102338

Applicant Leslie McCain, a construction laborer, sustained an industrial injury on September 24, 2014 to her left elbow, both wrists, neck, shoulders, and psyche. The WCJ found her psyche injury was a compensable consequence of her physical injuries but did not result from a 'violent act,' so she was not entitled to an increased permanent disability rating for the psychiatric component under Labor Code section 4660.1(c)(2)(A). Applicant sought reconsideration, arguing the weedwhacker incident constituted a violent act. The WCAB denied reconsideration, adopting the WCJ's Report, finding that the act of slipping/falling and being struck by a weedwhacker lacked the strong, extreme, or intense force required under the Wilson standard, especially given applicant's failure to testify and her inconsistent accounts of the injury.