What the panel ordered
Findings and Order of November 4, 2022, rescinded; matter returned to trial level for further proceedings consistent with opinion.
Petition for reconsideration of the Findings of Fact and Order issued November 4, 2022, by the WCJ, granted to further study factual and legal issues; decision after reconsideration issued.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ's original decision lacked a proper Rolda analysis by the QME psychiatrist, who did not break down the categories of stress and causation as required, leaving no basis to find the injury non-industrial. The Appeals Board rescinded the WCJ's order and remanded for further proceedings to obtain a Rolda-compliant medical opinion.
From the decision · page 5Here, the QME did not complete a Rolda analysis. The QME simply stated that predominant industrial causation existed. That is not sufficient to determine whether applicant's psychological injury is industrial and whether defendant met its burden of proof to establish substantial causation from lawful, nondiscriminatory, good faith personnel actions. The QME must discuss each category of stress. For example, here, it appears that applicant was stressed with the changes in her workload, interactions with her supervisor, and being placed on a performance improvement plan.3 We do not suggest these are the only categories. That is a determination the QME must make and the QME must assign causation to each category of stress, which caused applicant's psychological injury.