Blunt, Rebecca

Applicant Rebecca Blunt, a CDCR registered nurse, sustained a psychiatric injury (PTSD) during a continuous trauma period ending April 15, 2014, after witnessing inmates masturbating. The WCJ found 21% permanent disability after apportionment but denied temporary disability for March 13, 2014 through March 13, 2016, relying on PQME Dr. James O'Dowd's reporting which the WCJ found internally inconsistent on TD but adequate on apportionment (49% non-industrial). Applicant sought reconsideration, arguing Dr. O'Dowd's opinion should support TD but not apportionment. The Appeals Board first addressed its untimely action under Labor Code section 5909, applying Shipley equitable tolling because the case was transmitted in February 2021 but not received by the Board until May 2025 through no fault of the parties. On the merits, the Board granted reconsideration, finding the record lacked substantial evidence on both temporary disability and apportionment and required further development, while also noting procedural complications because the applicant died and a Compromise and Release issued during the pendency of the petition.