Hutchinson, Lennard

Lennard Hutchinson, an electrician for the City and County of San Francisco, sustained an accepted industrial injury to his cervical spine on July 18, 2011, and a WCJ found 43% permanent disability with future medical care. Both parties sought reconsideration: applicant challenged the failure to find a psychiatric injury and the apportionment, while defendant disputed the apportionment amount and a 3% pain add-on. The central dispute was whether applicant met the section 3208.3(d) six-month employment requirement for a compensable psychiatric injury. The Board found that applicant improperly relied on an exhibit (defendant's Exhibit H) that was never admitted into evidence and was too short to contain the records cited, and that the parties had collectively failed to develop a complete record on the employment-duration issue. The Board rescinded the F&A and substituted findings that confirmed the cervical spine injury and future medical care but deferred the psyche injury, permanent disability, and attorney's fees issues, returning the matter to the trial level for further development.