Andrea Cheri Hecht — ADJ11764709, ADJ11764682

Applicant Andrea Cheri Hecht, a child custody recommending counselor for the San Bernardino Superior Court, claimed psychiatric injury both as a cumulative trauma (ADJ11764709) and a specific injury (ADJ11764682). The WCJ found psychiatric injury AOE/COE in one case, ordered further development on other body parts, and struck the reports and deposition of psychology QME Dr. Ghannam as not substantial evidence, ordering they not be transmitted to other evaluators. On reconsideration, the WCAB majority agreed Dr. Ghannam's opinions were not substantial evidence due to internal inconsistency (testifying a single incident he assigned 100% causation conflicted with both his cumulative trauma history and applicant's testimony), but held the reports remained admissible because substantiality goes to weight, not admissibility. The Board also found the treating reports of Drs. Silverstein and Frazier non-substantial because they lacked applicant's prior psychiatric records, rescinded the F&O, deferred the injury issues, found defendant did not meet its Labor Code 3208.3(h) burden, and ordered further development via AME/IME in psychology/psychiatry and internal medicine. Commissioner Sweeney dissented, finding Dr. Frazier's reports substantial evidence of a cumulative psychiatric injury.