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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ6550105, ADJ6976802, ADJ6777361
Regular
Mar 13, 2020

ESTHER GARCIA vs. ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the employer's reconsideration petition and granted the applicant's. The Board amended the previous award to find that the applicant met her initial burden of proof for a Labor Code section 132a discrimination claim, specifically regarding her demotion after sustaining industrial injuries. However, the issue of whether the employer had a legitimate business reason for the demotion was deferred and returned to the trial level for further proceedings. The Board upheld the WCJ's findings regarding the applicant's permanent disability and the substantiality of the agreed medical evaluator's opinion.

Labor Code Section 132aDemotionIndustrial InjuryDiscriminationReconsiderationAgreed Medical EvaluatorPermanent DisabilityApportionmentPrima Facie CaseLegitimate Business Reason
References
Case No. FRE 0247129
Regular
May 16, 2008

Joseph Jimenez vs. KINGS COUNTY (PROBATION DEPARTMENT), Innovative Claims Solutions, Inc.

The Workers' Compensation Appeals Board granted reconsideration to determine the proper rate for Labor Code section 4850 benefits. The Board held that section 4850 benefits should be paid at the rate of salary lost due to disability, not the applicant's higher salary at the time of injury before a demotion. Therefore, the applicant will receive benefits based on his reduced salary during the period of his temporary disability.

Labor Code section 4850Expedited HearingIndustrial InjuryRight ShoulderBicepsNeckDisability BenefitsEarning CapacityDemotionSalary Rate
References
Case No. ADJ11728953
Regular
Feb 07, 2020

Mauricio Zamudio vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought compensation for a psychiatric injury, but the WCJ found it was substantially caused by lawful, nondiscriminatory, good-faith personnel actions. The Board agreed that the applicant's demotion was a routine and reasonable employment event, thus barring compensation under Labor Code Section 3208.3(h). The applicant's injury was industrial, but the employer successfully demonstrated the exception applied.

Psychiatric injuryLabor Code § 3208.3Predominant causeSubstantial causeGood faith personnel actionsDemotionLawful nondiscriminatoryLegal principlesMedical evidenceWCJ
References
Case No. ADJ6784503-M; ADJ7336025
Regular
Aug 24, 2012

WILLIAM AGUILAR vs. TIME WARNER CABLE INC.

This case involves William Aguilar's claim for psychiatric injury against Time Warner Cable, stemming from two periods of employment. The Administrative Law Judge found Aguilar sustained industrial psychiatric injuries in both roles and ruled the defendant waived the "good faith personnel action" defense under Labor Code section 3208.3(h). While the majority affirmed the WCJ's decision, finding the defense was not raised properly and not proven even if considered, Commissioner Lowe dissented. Commissioner Lowe argued the defense was timely raised and that the employer's reassignment of territories constituted a good faith personnel action, thereby barring compensation.

Labor Code 3208.3(h)Good Faith Personnel ActionPsychiatric InjuryCumulative Industrial InjuryReconsiderationWCJ ReportDissenting OpinionObjective Good Faith StandardSubstantial CausePredominant Cause
References
Case No. MON 0342844
Regular
Aug 20, 2007

DANNY HOPKINS vs. MCMAHAN'S FURNITURE STORES, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied a psychiatric injury claim. The Board found the original judge did not properly apply the *Rolda v. Pitney Bowes* analysis to determine if a lawful personnel action was the substantial cause of the injury. The case is returned to the trial level for further analysis under *Rolda* and to allow for further development of the medical record, specifically regarding whether personnel actions were a substantial cause of the alleged injury.

Workers' Compensation Appeals BoardPsychiatric injuryLawful personnel actionRolda v. Pitney BowesInc.Labor Code section 3208.3Good faithNon-discriminatoryDemotionPredominant cause
References
Case No. ADJ6743889
Regular
Sep 14, 2012

ALAN WAY vs. CUMMINS CAL PACIFIC, LLC, ZURICH INSURANCE GROUP

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a finding that he did not sustain an industrial psychiatric injury. The Board affirmed the judge's decision that the employer successfully proved the affirmative defense under Labor Code section 3208.3. This defense applies when a psychiatric injury is substantially caused by lawful, nondiscriminatory, good-faith personnel actions. The Board found that the applicant's numerous disciplinary actions, including warnings and demotions, constituted such actions and were a predominant cause of his alleged injury.

Labor Code 3208.3Psychiatric injuryIndustrial injuryPersonnel actionPredominant causeSubstantial causeGood faith personnel actionBurden of proofPetition for reconsiderationFindings and Order
References
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