Psychiatric injury follows partial finger amputation justifying and enhanced permanent disability award
- Posted By: Harvey Brown
- August 31, 2022
This a very significant case for workers’ compensation principles.
The applicant was a gardener who fell while using a hedge trimmer suffering injuries to his right middle and ring fingers resulting in partial amputations.
The applicant saw multiple physicians including psychiatric and pain management.
At trial the parties stipulated that the applicant suffered injury to the right hand resulting in a 47 per cent permanent disability. Defendants contended the applicant had no psychiatric disability. The Workers’ Compensation Judge (WCJ) determined there was substantial medical evidence the applicant had a psychiatric disability and awarded a 70 percent disability based on a combination of physical and psychiatric impairments. The defendant filed a petition for reconsideration.
The Workers’ Compensation Appeals Board (WCAB) ruled the defendant stipulated to injury therefore, stipulating to a direct injury not a result of a physical injury, but a psychiatric injury from the event itself.
The WCAB the indicated the injury fell under two exceptions to Labor Code 4660.1 (c). The partial amputation qualified as a “significant violent act” and also qualified as a “catastrophic” injury because it was analogous to a loss of limb.
Therefore, the WCJ was correct in finding psychiatric injury and awarding 70 percent liability.
Bolivar v. Heredia
Samuelsen, Gonzalez, Valenzuela & Brown
3501 Jamboree Suite 602
Newport Beach, Ca 92660