Joseph Chavira — ADJ10973875

Joseph Chavira sustained a January 10, 2017 industrial injury while cleaning a cement tank as a pool bottom finisher, suffering cellulitis, sepsis, kidney failure, and congestive heart failure requiring multiple hospitalizations. The WCJ awarded 87% permanent disability relying on the internal medicine QME (Dr. Borsada) over the cardiology QME (Dr. Acheatel), found the psychiatric injury compensable, and awarded temporary disability. The Board granted reconsideration and, while affirming that the psychiatric injury was a compensable consequence and that the physical injury was catastrophic under Labor Code section 4660.1(c)(2)(B), rescinded the F&A because the cardiology QME's report was never sent to the internal medicine QME for review and comment, and a supplemental orthopedic report was missing. The Board deferred the temporary and permanent disability issues pending further development of the record while retaining the catastrophic injury finding that permits an increased psychiatric impairment rating.