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Antionette Ferris — ADJ12765250

ANTIONETTE FERRIS, Applicant vs. STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Legally Uninsured, Defendant

ADJ number
ADJ12765250
Decision date
Oct 11, 2021
District office
Sacramento
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: psyche, legs, nervous system, teeth, restless leg syndrome, headaches

LC §3208.3LC §3203.8CCR §10945

Summary

Applicant Antionette Ferris, an accounting trainee for the State of California Department of Alcoholic Beverage Control, sought reconsideration of a WCJ's Findings and Order finding she did not sustain an industrial injury during a cumulative period ending November 14, 2019. The WCJ relied on the PQME report of psychologist Dr. Francis over the treating psychologist Dr. Rowe, finding only 30% of the psychiatric injury industrial—below the predominant cause threshold for psyche claims. The Board affirmed the no-injury finding as to the psyche but granted reconsideration to defer the issue of physical injuries (legs, nervous system, teeth, restless leg syndrome, headaches). The Board corrected the WCJ's legal error that physical manifestations were automatically nonindustrial because the psyche injury failed, holding that physical injuries caused by work stress are judged under a contributing-cause standard, not the heightened predominant-cause standard. The matter was remanded for development of the medical record on the physical injury claims.

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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