WCPanelIQ
PanelQMEMed-legalRemanded

Jason Gothard — ADJ11946779, ADJ10788304

JASON GOTHARD, Applicant vs. COUNTY OF SONOMA, PSI, administered by INTERCARE, Defendants

ADJ number
ADJ11946779, ADJ10788304
Decision date
Apr 10, 2022
District office
Santa Rosa
WCJ
—
Claim administrator
Intercare (third-party administrator for County of Sonoma, PSI / self-insured)
Commissioners
DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER

Injury / body parts: psyche

LC §5405LC §3208.3LC §5412LC §3208.1LC §3208.2LC §5952LC §5953LC §5709LC §5303LC §5701LC §5906LC §5502CCR §10515CCR §10397CCR §10517

Summary

Applicant Jason Gothard, a Sonoma County jail deputy, filed (via the unrepresented-employee defendant) a claim for a specific psychiatric injury arising from a February 6, 2017 meeting with two sergeants, and later asserted a cumulative trauma psychiatric injury through the same date. The WCJ found two separate injuries, barring the specific injury under the good-faith personnel action defense and the cumulative trauma claim under the statute of limitations (Lab. Code, § 5405), and ordered applicant take nothing. On reconsideration, the WCAB found no substantial evidence supporting two distinct injuries; both Dr. Staehle and QME Dr. Mosby concurred there was a single cumulative trauma psychiatric injury, with the February 6, 2017 meeting being the 'final straw.' The Board held the Application should be amended to conform to proof as a cumulative trauma claim, which relates back to the timely original filing under Bassett-McGregor and is not barred by the statute of limitations. The Board rescinded the F&O and remanded for further proceedings, noting the artificially created second ADJ number should be dismissed as moot.

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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