Nikcole Torrie Cunningham — ADJ18317827

Applicant Nikcole Torrie Cunningham, a social worker for the City and County of San Francisco from July 2016 to July 2024, claimed a psychiatric/stress injury. The QME, Dr. Sean Moore, issued an initial report and three supplemental reports concluding that only 50% of the psychiatric injury was caused by actual events of employment, which fails the 'predominant cause' (greater than 50%) threshold under Labor Code section 3208.3(b)(1). The WCJ found the claim non-compensable, and applicant sought reconsideration arguing the QME reporting was not substantial evidence, that the record should be further developed under McDuffie, and that she lacked opportunity to depose the QME. The Board denied reconsideration, finding the QME's reports constituted substantial medical evidence, that discovery was complete (no pretrial deposition requests were made), and that further development of the record was unnecessary. The Board also clarified the QME's distinction between industrial accommodation conflicts (20%) and non-industrial chronic pain/fibromyalgia (10%).