WCPanelIQ
PanelQMEMed-legalDenied

Hargerty, Cynthia

CYNTHIA HARGERTY, Applicant vs. HEALTHNET, INC.; SAFETY NATIONAL INSURANCE, administered by SEDGWICK CMS, Defendants

ADJ number
ADJ9477887
Decision date
Dec 22, 2021
District office
Oakland
WCJ
—
Claim administrator
Sedgwick CMS (administering for Safety National Insurance)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: right hip, back, psyche, right wrist, left wrist

LC §4660.1LC §4663LC §5902LC §3208.3CCR §10945

Summary

Cynthia Hargerty, a substance abuse counselor, sustained a 2013 industrial injury to her right hip, back, and psyche from a slip and fall. After settling for 27% PD on orthopedic body parts, she filed a petition to reopen claiming permanent total disability based on vocational evidence. A prior unappealed 2020 F&A found her psychiatric injury was a compensable consequence barred from add-on disability under Labor Code section 4660.1(c). The WCAB affirmed the WCJ's denial, holding the psychiatric bar finding was final and res judicata, and that applicant's vocational evidence failed to constitute substantial evidence because it relied primarily on barred psychiatric impairment and failed to adequately address valid medical apportionment to nonindustrial factors (traumatic exposure and addiction history).

Issues

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Holding

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