Mark Allen — ADJ20169304

Applicant Mark Allen, a construction/maintenance supervisor for Butte-Glenn Community College District, claimed a cumulative psychiatric injury through November 13, 2024, asserting stress from the employer's inconsistent application of its nepotism policy and the failure to hire his stepson and nephew. The WCJ relied on PQME psychiatrist Dr. Jonathan Taylor's opinion (finding 25% industrial / 75% non-industrial causation) and found applicant took nothing. The Appeals Board majority granted reconsideration, rescinded the FF&O, and remanded, holding Dr. Taylor's opinions were not substantial medical evidence because they were conclusory, lacked reasoning linking causal factors to the injury, relied on an incomplete record (missing treatment records and the nepotism policy), and an inaccurate history. Commissioner Razo dissented, arguing the record was clear that applicant failed to meet his heightened burden under section 3208.3 since the industrial factors totaled only 25% of causation. The matter was returned to the trial level to develop the record, including supplementing Dr. Taylor's opinions or possibly using an AME.