Gay

Gay v. Workers' Compensation Appeals Board

Good Law
158 Cal. Rptr. 137·1979 Cal. App. LEXIS 2093·96 Cal. App. 3d 555·44 Cal. Comp. Cases 817
Court of Appeal of CaliforniaAugust 30, 1979Civ. No. 54385California2,932 words

Opinion

Lead Opinion

Cobey, J.

Petitioner Norman G. Gay contends that all of his psychiatric disability is related to his cumulative trauma injury (see Lab. Code, § 3208.1) and that the Workers’ Compensation Appeals Board (Board) erred in apportioning 50 percent of that permanent disability as nonindustrial. For the reasons stated below, we annul the Board’s finding of apportionment and remand the matter to the Board.

I. Summary of Appeals Board Proceedings

Gay, while employed as a bill collector by respondent Guarantee Collection Company for the period November 2, 1970, through August 31, 1973, and by respondent Petroleum Collection Company for the period September 1, 1973, to September 1, 1975, sustained injury arising out of and occurring in the course of this employment consisting of psychiatric disability.

The initial treating psychiatrist, Robert P. Sedgwick, M.D., indicated in his report of January 9, 1976, that Gay was “psychologically disturbed.” Dr. Sedgwick stated he had “no knowledge of the actual conditions at [Gay’s] work and, therefore, [had] no opinion as to whether work factors were important in his present nervous condition and disability.” Dr. Sedgwick pointed out, however, that…

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