Raymond Hernandez — ADJ10431134

Raymond Hernandez, a Southwest Airlines flight attendant, sustained an admitted industrial injury to his right foot on December 28, 2014, with a compensable consequence psychiatric injury. The psychiatric QME found his major depressive disorder, alcohol dependence, and pain disorder were 100% caused by his orthopedic injury, warranting 15% WPI. The dispute centered on whether the injury was 'catastrophic' under Labor Code section 4660.1(c)(2)(B), which would allow an increased permanent disability rating for the psychiatric condition. Applying the Wilson en banc factors, the WCJ found the injury was not catastrophic, and applicant sought reconsideration. The Appeals Board denied reconsideration, holding that the right foot injury (despite two surgeries) was not analogous to the statutorily specified catastrophic injuries and that loss of employment alone does not render an injury catastrophic.