Teodoro Bolivar — ADJ10792307

Applicant Teodoro Bolivar, a 68-year-old gardener, sustained a partial amputation injury to his right hand fingers and a psychiatric injury when he fell off a ladder holding a running hedge trimmer on 11/3/2016. The employer was uninsured, so UEBTF was joined. The WCJ awarded 70% permanent disability (47% orthopedic combined with psychiatric impairment based on Dr. Kipperman's report). UEBTF sought reconsideration arguing Labor Code section 4660.1(c) barred increasing PD for a psychiatric compensable consequence, claiming PD should be 47%. The Board affirmed, holding the section 4660.1(c) issue was waived because it was not raised at trial, that the statute does not apply to direct psychiatric injuries (which UEBTF stipulated to), and that even if applicable, applicant's injuries fell within the violent act and catastrophic injury exceptions of section 4660.1(c)(2)(A) and (B).