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Maureen Ford — ADJ8177678, ADJ8177385

MAUREEN FORD, Applicant vs. COMMUNICATION ACTION BOARD OF SANTA CRUZ; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ8177678, ADJ8177385
Decision date
May 2, 2021
District office
Salinas
WCJ
Michael H. Young
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: bilateral carpal tunnel, upper extremity, hand, neck, back, psyche

LC §3208.3LC §139.2

Summary

Applicant Maureen Ford sustained orthopedic injuries (bilateral carpal tunnel/upper extremity, hand, neck, back) while working as a landscape worker, resolved by a 2014 Stipulations with Request for Award. She later petitioned to reopen for new and further disability, adding a compensable consequence psychiatric injury. Defendant State Compensation Insurance Fund challenged only the finding of good cause to reopen for the psychiatric injury, arguing that because psychiatric symptoms were documented before the 2014 Award, the injury was not 'new and further.' The Board denied reconsideration, holding that a psychiatric injury does not enter the comp system until it causes disability or need for treatment and is formally diagnosed under DSM criteria per Labor Code section 3208.3(a), none of which occurred before 2014. Because the pre-2014 record contained only brief mentions of symptoms with no causation opinion, diagnosis, or disability finding, the later progression of symptoms and treatment qualified as new and further disability.

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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