Debra McCracken — ADJ12239672, ADJ13283843

Applicant Debra McCracken, a psychiatric nurse for CDCR, sustained an industrial psyche injury from a September 9, 2016 'gassing incident' (an inmate threw bodily fluids that hit her, after which supervisors prevented her from cleaning up). The WCJ found permanent total (100%) disability based on the opinions of PQME psychologist Dr. Nataliya Belfor. Defendant sought reconsideration arguing applicant was not permanent and stationary because her condition could improve, and that Dr. Belfor's opinions were not substantial evidence because she did not apportion to applicant's orthopedic injuries, requesting appointment of a regular physician under Labor Code section 5701. The Board adopted the WCJ's Report and denied reconsideration, holding that Dr. Belfor properly found applicant P&S (unlikely to improve from the May 1, 2023 baseline) and adequately addressed the apportionment line of inquiry raised, finding 100% industrial causation. The Board also addressed the timeliness of its own action under amended Labor Code section 5909.