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

Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ8789952
Regular
Nov 16, 2017

LISA STROTHER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Lisa Strother's claim for psychiatric injury due to cumulative trauma as a correctional officer. The Appeals Board granted reconsideration because the Agreed Medical Evaluator's (AME) report lacked specificity regarding the actual employment events causing the psyche injury and failed to properly apportion permanent disability. The Board found the AME's opinion on causation was not adequately detailed to determine if work events were the predominant cause. Therefore, the matter was returned to the trial level for further development of the record on these critical issues.

Workers' Compensation Appeals BoardLisa StrotherState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8789952Fresno District OfficePetition for ReconsiderationFindings of Fact and AwardCorrectional Officer
References
Case No. ADJ1321659 (RIV 0027849) ADJ3991283 (RIV 0027850)
Regular
Jan 21, 2007

Robin Klein vs. Boeing Aircraft, INSURANCE COMPANY OF PENNSYLVANIA

The WCAB denied defendant's petition for reconsideration, affirming the WCJ's finding that applicant's heart disease and depression arose from his work injuries.

Workers Compensation Appeals BoardPetition for ReconsiderationAmended Joint Findings and Awardheart injurypsyche injuryneck injuryback injuryleft shoulder injurypermanent disabilityapportionment
References
Case No. ADJ2301634 (RDG 0079575), ADJ3681119 (RDG 0085051), ADJ6607629
Regular
May 26, 2009

TODD BURNS vs. COSTCO WHOLESALE, Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied the petition, upholding a prior award of medical treatment, including antidepressant medication, for a worker with industrial low back injuries. The defendant argued that the depression was not a compensable psychiatric injury under Labor Code section 3208.3. However, the WCAB found that the defendant's failure to conduct mandatory utilization review (UR) as required by law barred them from disputing the need for treatment. The Board affirmed that the worker is entitled to treatment, including antidepressants, for depression arising as a consequence of the established industrial low back injuries.

Petition for ReconsiderationJoint Findings and AwardIndustrial InjuryLow Back InjuryDepressionAntidepressant MedicationCompensable ConsequenceLabor Code Section 3208.3Equitable EstoppelUtilization Review
References
Case No. ADJ2649808 (STK 0209059)
Regular
May 16, 2017

CHRIS ARSENAULT vs. CARPET MASTER, MID-CENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a finding of 100% permanent disability for an admitted back injury. The defendant argued the vocational expert's report was flawed and unsubstantiated, but the Board affirmed the WCJ's finding of credibility. The WCJ's decision correctly applied *Dahl* to find the applicant not amenable to vocational rehabilitation due to his functional limitations, pain, and depression. The Board also rejected the defendant's attempt to admit newly discovered evidence, as it did not meet the criteria for such admission.

Vocational evaluatorpermanent disabilityreconsiderationindustrial injuryvocational reportingmedical evidencesubjective evidencedepressionvocational rehabilitationchronic pain
References
Case No. ADJ4080665
Regular
Apr 24, 2012

LAO-35 XYZZX vs. ANTHONY INTERNATIONAL, INC., TRAVELERS INSURANCE COMPANY

This case involves an applicant claiming cumulative trauma injury resulting in stress, depression, and anxiety due to workplace issues at Anthony International, Inc. The applicant alleged unwarranted criticism, witnessing drug use, and general stress. Defense witnesses, including a former supervisor and coworker, credibly refuted the applicant's allegations and attributed his problems to new management and his own impatience. The Workers' Compensation Appeals Board denied reconsideration, upholding the WCJ's finding of no credible evidence supporting the applicant's claim.

WCABLAOAnthony InternationalTravelers InsuranceADJ4080665Petition for ReconsiderationTake Nothing OrderCumulative TraumaStressDepression
References
Case No. ADJ7115385
Regular
Apr 17, 2017

NEVENKA GLAVAN vs. KMART, SEARS HOLDING CORPORATION

The Appeals Board denied defendant's petition for reconsideration of a Workers' Compensation Appeals Board award. The defendant argued the applicant's treating physician's psychiatric reports lacked substantial evidence and that a QME's report was more accurate. The Board found that the treating physician's opinions, which were well-reasoned and considered the applicant's medical history, constituted substantial evidence. Therefore, the Board upheld the original award finding the applicant sustained injury to her spine, psyche, and gastrointestinal/sleep disorders, resulting in 81% permanent partial disability.

Workers' Compensation Appeals BoardFindings and AwardPetition for ReconsiderationAdministrative Law JudgePermanent Partial DisabilityPsychiatric DisabilityTreating PhysicianPanel Qualified Medical EvaluatorGlobal Assessment of Function (GAF)Substantial Evidence
References
Case No. ADJ8829857 ADJ8829856
Regular
Apr 18, 2016

DULCE ESPINOZA vs. JENCO PRODUCTIONS, INC., FIRST NATIONAL INSURANCE COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the appealed finding, deferring development of the record on psychiatric injury, was not a final order. The Board then treated the petition as one for removal, granted it, and rescinded the deferral. Ultimately, the Board found that the applicant failed to prove industrial injury to her psyche, citing a lack of objective evidence and inconsistencies in her reporting, as well as a conflicted medical opinion.

WORKERS' COMPENSATION APPEALS BOARDDULCE ESPINOZAJENCO PRODUCTIONSINC.FIRST NATIONAL INSURANCE COMPANY OF AMERICAADJ8829857ADJ8829856Petition for ReconsiderationPetition for RemovalDecision After Removal
References
Case No. SFO 0493727
Regular
Dec 21, 2007

JOAN JUSTER vs. MARC LUMER & COMPANY, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision that awarded the applicant 82% permanent disability for a psyche injury. The Board adopted the WCJ's report, which found the defendants failed to prove apportionment of the applicant's permanent disability despite prior situational depression episodes. The Board also noted that any clerical error regarding attorney fees could be addressed by the WCJ.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeIndustrial InjuryPsycheSituational DepressionDSM-IVAttorney FeesPermanent DisabilityApportionment
References
Case No. ADJ3172768 (SRO 0138288)
Regular
Nov 30, 2009

MATTIE WALKER-STRIPLIN vs. SONOMA COUNTY OFFICE OF EDUCATION, REDWOOD EMPIRE SCHOOLS INSURANCE GROUP

The WCAB denied defendant's petition for reconsideration of the WCJ's September 10, 2009 order awarding applicant additional psychotherapy sessions. The board found sufficient evidence that the applicant was still suffering from disabling depression and that the requested treatment was consistent with ACOEM guidelines.

Workers' Compensation Appeals BoardPetition for ReconsiderationPsyche InjuryCompensable ConsequencePsychotherapy SessionsACOEM GuidelinesUtilization ReviewIndustrial InjuryPermanent DisabilityAgred Medical Evaluator
References
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