WCPanelIQ
PanelQMEMed-legalGranted in Part

Marleny Canahui De Buraye — ADJ12447782

MARLENY CANAHUI DE BURAYE, Applicant vs. SMITHFIELD FOODS, INC.; SAFETY NATIONAL CASUALTY, administered by ESIS, Defendants

ADJ number
ADJ12447782
Decision date
May 21, 2023
District office
Los Angeles
WCJ
—
Claim administrator
ESIS (administering Safety National Casualty)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: right hand, right index finger, right middle finger, right ring finger, right elbow, right shoulder, psyche

LC §3208.3LC §4660.1LC §5701LC §5906

Summary

Applicant, a meat worker, sustained an industrial injury on April 5, 2019, when her right hand was caught in a meat-cleaning machine, resulting in lacerations and a partial amputation of her right ring finger, plus a consequential psychiatric injury. The WCJ found 40% permanent disability and held under section 4660.1(c)(1) that no increase in psychiatric impairment was allowed because the psyche injury was a compensable consequence of the physical injury, rejecting applicant's arguments that the violent act and catastrophic injury exceptions applied. The Board granted reconsideration and affirmed the F&O but amended it to change 'psychological system' to 'psyche' and to defer the issues of whether section 4660.1 applies and whether the violent-act or catastrophic-injury exceptions entitle applicant to an increased impairment rating. The Board found the record undeveloped—the PQME failed to specify what percentage of the psychiatric injury was directly caused by the incident versus a compensable consequence, and applicant did not testify regarding her symptoms or the mechanism of injury. The matter was returned to the trial level for further development of the record through witness testimony and additional medical reporting.

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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