Adding body part for first time at MSC

Solis v. Ameron International (BPD) (2014 Cal. Wrk. Comp. P.D. LEXIS 181):

The WCJ found that applicant was not barred from claiming psychiatric injury as a compensable consequence of earlier admitted injury to the head, neck and low back on September 26, 2007.

Defendant filed a petition for reconsideration.

The WCAB affirmed the WCJ decision.

The applicant first raised the claim of psychiatric injury on July 17, 2013 at the Mandatory Settlement Conference.

The WCAB found the applicant was not claiming a new injury but rather an injury to an additional body part.

There was no dispute that the underlying claim was timely filed.

The WCAB held that the defendant was not unduly prejudiced by the claim of injury to the Psych because defendant had notice and knowledge of the psychiatric symptoms and the psychiatric injury from the medical reporting received before applicant claimed the psychiatric injury at the MSC.

Applicant’s failure to amend the application identifying injury the psych before the July 17, 2013 Mandatory Settlement Conference did not result in a waiver of the psychiatric claim by the applicant..

The claim of injury to the psyche raised at the Mandatory Settlement Conference was not inconsistent with the provisions of LC § 5502.

 

 

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