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

Case No. ADJ8160275
Regular

FAITH YOUNG vs. FAIRVIEW DEVELOPMENTAL SERVICES, STATE COMPENSATION INSURANCE FUND

In *Young v. Fairview Developmental Services*, the Workers' Compensation Appeals Board (WCAB) denied the applicant Faith Young's petition for reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) without providing independent grounds. Consequently, the WCAB affirmed the denial of reconsideration in this case.

Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJ reportAdministrative Law JudgeLegally UninsuredState Compensation Insurance FundADJ8160275Anaheim District OfficeFaith Young
References
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The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings.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. ADJ6889455
Regular
Jun 10, 2011

SALVADOR RUIZ vs. WASTE CONNECTIONS INC., ESIS

The Workers' Compensation Appeals Board denied reconsideration of a psychiatric injury claim where the employer asserted a good faith personnel action defense. The Board found the employer failed to prove the personnel action was in good faith, noting evidence of racial animus and inconsistent disciplinary practices. Furthermore, even if the action were deemed in good faith, the employer did not meet its burden of proving it was a substantial cause (35-40%) of the applicant's psychiatric injury, as the medical evidence did not apportion causation. Therefore, the defense under Labor Code section 3208.3(h) was not established.

Labor Code section 3208.3(h)psychiatric injurygood faith personnel actionsubstantial causeobjective reasonablenesspretextualagreed medical evaluatorcausation apportionmentmedical evidencediscriminatory
References
Case No. ADJ991157 (GRO 0032393)
Regular
Jun 07, 2010

RANDY SHOOK (Deceased) GLENDA STAFFORD vs. ARMORED TRANSPORT, ESIS SOUTHFIELD

The Workers' Compensation Appeals Board denied a petition for reconsideration in the case of Randy Shook's suicide. Applicant argued the employer's investigation was conducted in bad faith, thus invalidating the "good faith personnel action" defense. However, the Board found the investigation met the objective reasonableness standard and was undertaken in subjective good faith. The Board distinguished this case from those involving criminal false imprisonment and affirmed its authority to reject a WCJ's findings when substantial evidence supports its own. Therefore, compensation remains barred under Labor Code section 3208.3(h).

Labor Code section 3208.3(h)good faith personnel actionindustrial suicidepsychiatric injurydeceit and coercionpreliminary investigationcriminal misconductsubjective good faithobjective reasonablenesscriminal false imprisonment
References
Case No. ADJ9700517
Regular
Oct 05, 2018

JEANNE WILLIAMS vs. CITY OF LOS ANGELES

The Appeals Board rescinded the prior award and returned the case to the trial level for further proceedings. The Board found the original decision on the good faith personnel action defense was unclear and required further development. Specifically, the WCJ must clarify which events constituted lawful, nondiscriminatory, good faith personnel actions. The parties will then need to re-address whether these specific actions were a substantial cause of the applicant's psychiatric injury with the medical evaluator.

Workers' Compensation Appeals BoardPSYCHE INJURYGOOD FAITH PERSONNEL ACTIONLABOR CODE §3208.3(H)TEMPORARY DISABILITYPANEL QUALIFIED MEDICAL EVALUATOR (PQME)DR. ELATROZYROLDA ANALYSISSUBSTANTIAL CAUSELAWFUL PERSONNEL ACTION
References
Case No. ADJ10679452
Regular
Jun 29, 2018

HORTENCIA AGUILAR vs. CONTRA COSTA COUNTY, EMPLOYMENT & HUMAN SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration because it failed to meet the procedural requirements of Labor Code section 5902 and WCAB Rule 10842 by not providing specific references to the record. The Board adopted the Judge's report and recommendation, which found that the employer's disciplinary action against the applicant was not taken in good faith. Specifically, the employer failed to follow its own investigatory procedures by not including the applicant's input and by not adhering to its dispute resolution process. The Judge concluded that the employer's actions lacked the objective reasonableness required for a good-faith personnel action under applicable case law.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5902WCAB Rule 10842Report and RecommendationInjury to psycheGood faith personnel actionObjective good faith standardCotran v. Rollins Hudig Hall Intl.Inc.
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. ADJ4405089 (MON 0358509) ADJ1180018 (MON 0358507) ADJ2565398 (MON 0358508)
Regular
Oct 11, 2013

JUAN ZEPEDA vs. PACIFIC GOURMET PRODUCE, ILLINOIS MIDWEST INSURANCE AGENCY for PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY

The WCAB initially considered imposing sanctions on the defendant for a frivolous Petition for Removal lacking legal citation. However, after the defendant delivered a previously disputed $20,000 check to the applicant, the Board reconsidered. Defense counsel apologized for the inadequate petition, claiming good faith belief in their legal position. Ultimately, the Board decided not to impose sanctions but warned that future frivolous filings without legal support may result in penalties.

WORKERS' COMPENSATION APPEALS BOARDRemoval PetitionFrivolousBad FaithSanctionsPetition for RemovalDefense CounselResponseGood FaithLegal Authority
References
Case No. ADJ8939095
Regular
Feb 04, 2014

CRISTAL QUINTERO vs. WHOLE FOODS MARKET, INC.; ACE AMERICAN INSURANCE

This case involves defense counsel seeking reconsideration of a sanctions order. The administrative law judge sanctioned the defense for filing a Declaration of Readiness to Proceed on an AOE/COE issue when the actual dispute was discovery-related. The Workers' Compensation Appeals Board granted reconsideration, rescinding the sanctions order. The Board found that while defense counsel should have used other procedural mechanisms for discovery disputes, their actions did not demonstrate the bad faith required for sanctions, though they were cautioned against future similar conduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctions OrderLabor Code Section 5813Declaration of Readiness to ProceedPriority ConferenceInjury AOE/COEDiscovery DisputeBad FaithAdministrative Law Judge
References
Case No. ADJ10551695
Regular
Sep 13, 2018

JESUS TREVINO vs. YOUNG'S MARKET

This case involves an applicant, Jesus Trevino, against defendant Young's Market. The Workers' Compensation Appeals Board (WCAB) has denied Trevino's Petition for Reconsideration. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their decision. Therefore, the petition for reconsideration has been officially denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportdeny reconsiderationJesus TrevinoYoung's Marketself-insuredADJ10551695Oakland District Officeadministrative law judge
References
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