WORKERS' COMPENSATION APPEALS BOARD  STATE OF CALIFORNIA .             TIMOTHYKIRBY, Applicant, .             v. .             CONTRA COSTA WATER DISTRICT, permissibly self-insured, administered by YORK RISK SERVICES, Defendants~ .             Case No. ADJ10289629 (Oakland District Office) .             OPINION AND DECISION AFTER RECONSIDERATION .             We granted Defendant's Petition for Reconsideration (Petition) to further study the factual and legal issues in this case. .             We received a Report and Reco~endation on Petition for Reconsideration (Report) from the WCJ recommending the Petition be denied. .           After examining applicant and reviewing the medical record, Dr. Poston stated: .           "Mr. Kirby's psychiatric condition is such he would be expected to have some difficulty performing in the workplace, but not ·to the extent he is seen as totally or partially disabled. .           For the foregoing reasons, .           IT IS ORDERED as the Decision After Reconsideration of the Workers' Compensation Appeals Board that the Findings, Award and Order issued by the WCJ on November 29, 2016 is AFFIRMED. .           WORKERS' COMPENSATION APPEALS BOARD .           DEIDRA E. LOWE .           I CONCUR, .           MARGUERJTE SWEENEY .           JOSE H. RAZO .           DATED AND FILED AT SAN FRANCISCO, CALIFORNIA .           SEP 0 7 2017 Defendant e-filed a Petition For Leave to File a Reply to Report and Recommendation on Petition for Reconsideration and subsequently filed the petition with the WCAB.

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