Kris Wilson

Applicant Kris Wilson, a Cal Fire firefighter, sustained serious physical injuries on May 13, 2014 after prolonged exposure to fumes and smoke while fighting a wildfire, resulting in ARDS, renal and respiratory failure, a two-week ICU hospitalization, intubation, and a medically-induced coma. The WCJ awarded 66% permanent disability but excluded any impairment rating for his compensable-consequence psychiatric injury (PTSD and major depression) under Labor Code section 4660.1(c). On reconsideration en banc, the WCAB held that the determination of whether an injury is 'catastrophic' under section 4660.1(c)(2)(B) focuses on the nature of the injury and is a fact-driven inquiry, not measured by impact on earning capacity or a minimum level of permanent disability. The Board found Wilson's injury catastrophic given the life-threatening, intensive treatment and lasting impairment, rescinded the F&A, and substituted a finding that he may receive an increased psychiatric impairment rating. Permanent disability and apportionment issues were deferred and the matter returned to the trial level.