Thomas, Tre'Neisha

Applicant Tre'Neisha Thomas, a bartender for Benihana, alleged a cumulative psychiatric injury (AOE/COE) from July 1, 2022 through May 25, 2023. Her Claim Form and Application were filed and served on defendant June 28, 2023, and defendant never issued a denial within 90 days, triggering the section 5402(b)(1) presumption of compensability, which the parties stipulated applied at trial. The WCJ found defendant failed to rebut the presumption, and defendant sought reconsideration arguing applicant failed to present substantial medical evidence of a psyche claim under section 3208.3. The Board denied reconsideration, holding that defendant's argument misstated the standard—the presumption is rebuttable only by evidence discovered after the 90-day period, and defendant produced no such evidence. The Board also noted defendant conflated compensability with nature and extent of injury, the latter remaining open for further discovery.