WCPanelIQ
PanelQMEMed-legalLienGranted in Part

Robert Junge — ADJ10496163

ROBERT JUNGE, Applicant vs. CITY OF SAN JOSE; Permissibly Self-Insured, Defendant

ADJ number
ADJ10496163
Decision date
Aug 29, 2021
District office
Van Nuys
WCJ
Dean M. Stringfellow
Claim administrator
City of San Jose (permissibly self-insured)
Commissioners
—

Injury / body parts: psyche

LC §4663LC §4660.1LC §4662LC §5800

Summary

Robert Junge, a 911 operator for the City of San Jose, sustained an admitted cumulative trauma psychiatric injury (PTSD, depression, anxiety) over the period July 20, 2003 through October 19, 2015. The WCJ found applicant permanently totally disabled before apportionment but reduced the award to 70% by apportioning 30% to non-industrial causes per QME Dr. Aparna Dixit (20% to pre-existing depression from his daughter's death and 10% to chronic neck/shoulder pain). Both parties sought reconsideration: defendant challenging the underlying finding of permanent total disability, and applicant challenging the apportionment. The Board denied defendant's petition, finding the medical and vocational evidence rebutted the scheduled rating under Fitzpatrick, but granted applicant's petition, holding that Dr. Dixit's apportionment did not constitute substantial medical evidence because she merely repeated her causation analysis without explaining how the non-industrial factors caused a specific percentage of permanent disability. The matter was returned to the trial level for a new unapportioned award of 100% permanent total disability.

Issues

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Holding

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