Robert Bergman — ADJ9384866

Applicant Robert Bergman sustained a February 11, 2014 industrial injury as a tractor diesel mechanic, including a right leg amputation and a psychiatric injury. The WCJ found 73% permanent partial disability and rejected the psychiatric PQME Dr. Egan's 20% apportionment to nonindustrial factors (poor coping skills and nonindustrial stressors) as not substantial evidence. Defendant sought reconsideration, arguing Dr. Egan's reports constituted substantial evidence on apportionment or, alternatively, that the record should be further developed. The WCAB adopted and incorporated the WCJ's Report and denied reconsideration, holding the apportionment opinion failed Escobedo's 'how and why' standard and was effectively invalidated by Dr. Egan's deposition testimony that applicant likely would not have had a psychiatric condition but for the accident.