Edward Ruffalo — ADJ11017097

Edward Ruffalo, a probationary firefighter for the City of Pasadena, claimed a psychiatric injury (PTSD/major depressive disorder) through September 13, 2016, allegedly caused by workplace harassment following his orthopedic injuries. The psychiatric PQME, Dr. Link, found applicant's condition was 85% caused by perceived workplace harassment but deferred to the trier of fact as to whether the underlying incidents were actual events of employment. The WCJ found that several incidents Dr. Link relied upon (sexualized comments, the 'bum wing' remark, the doctored photograph, and the mock interrogation) were not actual events of employment, leaving only 25-30% of causation attributable to verified actual events—below the 'predominant' (greater than 50%) threshold required by Labor Code section 3208.3(b)(1). The WCAB granted reconsideration, gave great weight to the WCJ's credibility determinations, and affirmed the take-nothing order because applicant failed to prove his psychiatric condition was predominantly caused by actual events of employment.