Torres, Lorenzo

Applicant Lorenzo Torres, a painter, sustained an accepted lumbar spine injury (specific, 6/21/19) and claimed additional injuries including psyche, shoulders, hips, and hands across a specific and cumulative trauma claim. After trial, the WCJ found compensable injuries to the lumbar spine (14% PD after apportionment) and psyche, awarded temporary partial disability based on the psyche injury, and found bilateral shoulder injuries (3% right, 4% left). Defendant sought reconsideration challenging the psyche injury, TD award, lumbar impairment rating, and shoulder injuries. The WCAB denied reconsideration, holding the psyche injury was supported by substantial medical evidence from QME Dr. Hirsch and that defendant failed to establish the good faith personnel action defense because only 20% of the psyche injury (the termination) qualified as a personnel action, falling short of the 35-40% 'substantial cause' threshold. The Board adopted the WCJ's Report except for the good faith personnel action sections, which it analyzed independently.