Lomeli, Luis

Applicant Luis Lomeli, a medical case worker for the County of Los Angeles (permissibly self-insured), claimed a cumulative psychiatric injury from December 1, 2014 to December 1, 2015. The WCJ found a compensable industrial psyche injury, relying on the reporting of treating/evaluating physician Dr. Nelson Flores, and rejecting the contrary apportionment opinions of PQME Dr. Dorsey as not substantial medical evidence. Defendant sought reconsideration arguing that Dr. Flores' reports were improperly admitted, that its Labor Code section 4600 designation letter should have been admitted, and that Dr. Flores failed to address good faith personnel action causation under section 3208.3(h). The WCAB affirmed, adopting the WCJ's Report, holding that defendant failed to timely object or seek removal of prior orders, that the section 4600 letter was waived under section 5502(d), and that the section 3208.3(h) defense was an affirmative defense never raised and thus waived—leaving defendant unable to meet its burden of proof.