Elizabeth Kensinger — ADJ11140350

Elizabeth Kensinger, a State Parks staff service analyst, claimed an industrial psyche injury (plus sleep, sexual dysfunction, skin, headaches, and dental) and sought SIBTF benefits after settling against her employer by C&R. The WCJ found no injury AOE/COE and no SIBTF eligibility, resting largely on a finding that applicant was not credible and lacked corroborating evidence while defense witnesses were credible. The Appeals Board granted reconsideration, holding the WCJ's decision violated Labor Code section 5313 and Hamilton because it substituted a conclusory credibility determination for a proper analysis of the extensive record, ignored probative evidence (including the Investigation Report, Grievance, and uniformly positive employer testimony), and used the logical fallacy of treating witness non-observation as proof events did not occur. The Board also faulted the WCJ for treating the claim as a specific injury when the record overwhelmingly described cumulative harassment from 2013-2017, and for substituting lay opinion for required expert medical opinion on causation. The F&O was rescinded and the matter returned to the WCJ for further proceedings, including determining injury type, reconsidering credibility on the whole record, and developing the medical record.