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

Case No. MISSING
Regular Panel Decision
Nov 09, 2005

Plaza Restoration, Inc. v. Nationwide Mutual Insurance

The plaintiff insured brought an action seeking a declaratory judgment, alleging that the defendant insurer breached its covenant of good faith and fair dealing. This alleged breach related to a personal injury action previously commenced against the plaintiff by a construction worker. The defendant appealed an order from the Supreme Court, Nassau County, which had denied its motion to dismiss the complaint or for summary judgment, arguing the action was premature. The appellate court rejected the defendant's contention, affirming that a declaratory judgment action against an insurer is permissible even before a judgment in the underlying action. The order of the Supreme Court was affirmed, with costs.

Declaratory JudgmentBreach of CovenantGood Faith and Fair DealingInsurance LawPersonal InjuryConstruction Site InjuryRipeness DoctrineMotion to DismissSummary JudgmentAppellate Review
References
3
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
6
Case No. ADJ838713 (VNO 0552616)
Regular
Apr 29, 2010

CAROL SERNA-TORRES vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration of an award finding the applicant suffered a cumulative psychiatric injury due to industrial stressors. Defendant argued the initial finding failed to properly analyze whether the injury was substantially caused by lawful, good faith personnel actions. The Board rescinded the award, remanding the case to determine if personnel actions were the predominant cause of the applicant's injury under *Rolda v. Pitney Bowes*. The WCJ must now specifically identify and analyze any personnel actions for lawfulness, nondiscrimination, and good faith.

Cumulative traumaPsychiatric injuryGood faith personnel actionsRolda v. Pitney BowesLabor Code section 3208.3Predominant causeCausationActual events of employmentPQMEPanel Qualified Medical Evaluator
References
5
Case No. ADJ10434987
Regular
Jan 06, 2023

EZRA CENTENO vs. HARBOR FREIGHT TOOLS, SAFETY NATIONAL CASUALTY CORPORATION, CORVEL CORPORATION

This case involves an applicant claiming psychological injury, neck pain, headaches, and sleep disorder due to events at Harbor Freight Tools. The defendant argues the injury was substantially caused by lawful, non-discriminatory, good faith personnel actions, which would bar compensation under Labor Code section 3208.3(h). The Appeals Board rescinded the prior award, finding the trial judge used too narrow a standard for "good faith personnel actions" and did not adequately analyze them under the required multi-level approach. The case is returned for further proceedings to properly develop the medical record and reassess the personnel action defense.

Psychiatric injuryGood faith personnel actionLabor Code section 3208.3(h)Substantial causePredominant causeTemporomandibular joint disorderAOE/COEWorkers' Compensation Appeals BoardFindings and AwardReconsideration
References
6
Case No. ADJ3435222
Regular
Sep 08, 2015

Keith Whitmore vs. Metropolitan State Hospital

This case concerns applicant Keith Whitmore's claim for a psychiatric injury allegedly caused by cumulative trauma and personnel actions at Metropolitan State Hospital. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior finding that barred his claim under Labor Code section 3208.3(h), which exempts injuries caused by lawful, good faith personnel actions. The WCAB found that the defendant hospital failed to meet its burden of proving its personnel actions were lawful, non-discriminatory, and in good faith, overturning the prior decision. Therefore, the WCAB found that Whitmore sustained an industrial injury to his psychological system, though his claims for neurological and central nervous system injuries were not disturbed.

Labor Code section 3208.3(h)good faith personnel actionscumulative trauma injurypsychiatric injurypsychiatric technicianMetropolitan State HospitalPanel Qualified Medical EvaluatorDepressive Disorder Not Otherwise Specifiedoccupational group number 311Workers' Compensation Appeals Board
References
5
Case No. ADJ2667325 (LAO 0789144)
Regular
Jul 08, 2014

Brenda Millender vs. Ford Motor Company

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding Brenda Millender sustained a psychiatric injury due to her employment at Ford Motor Company. Ford argued the WCJ erred in finding actual employment events caused the injury, that medical evidence was insufficient, and that the injury stemmed from lawful personnel actions. The WCAB rescinded the award and returned the case to the trial level. This is because the WCJ did not properly analyze Ford's affirmative defense that the injury was substantially caused by good faith personnel actions, as required by Labor Code section 3208.3(h). The WCJ also failed to consider Ford's documentary evidence supporting its defense and misapplied the causation standard for good faith personnel actions.

Workers' Compensation Appeals BoardBrenda MillenderFord Motor CompanyOpinion and Decision After Reconsiderationindustrial cumulative traumapsyche injurypredominant causeLabor Code section 3208.3good faith personnel actionssubstantial medical evidence
References
1
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
6
Case No. ADJ9946508
Regular
Nov 03, 2017

DOUGLAS JACKSON vs. COUNTY OF HUMBOLDT, CORVEL CORPORATION

This case involves a civil engineer claiming industrial psychiatric injury due to workplace stressors. The administrative law judge initially found the applicant did not sustain industrial psychiatric injury, determining the employer's actions were lawful, non-discriminatory, and good-faith personnel actions. The Appeals Board granted reconsideration, finding the initial decision lacked a sufficient *Rolda* analysis. The Board remanded the case for further proceedings to fully address the employer's good-faith personnel action defense and its substantial contribution to the claimed injury.

WCABindustrial injurypsychepredominant causelawful personnel actionsnondiscriminatorygood faithPQMEbipolar II disordercumulative trauma
References
0
Case No. ADJ6988363
Regular
Jun 11, 2013

CATHERINE BLUTCHER vs. WELLS FARGO BANK; SPECIALTY RISK

The Workers' Compensation Appeals Board denied Wells Fargo's petition for reconsideration of an award finding Catherine Blutcher sustained industrial injury to her psyche, internal system, and sleep disorder. The defendant argued the award was unsupported by substantial medical evidence and failed to adequately consider good faith personnel actions as a cause of injury. However, the Board found the defendant failed to meet its burden of proof to establish personnel actions as a substantial cause and that those actions were taken in good faith. Given the defendant's insufficient evidence on this affirmative defense, reconsideration was denied.

Workers' Compensation Appeals BoardIndustrial InjuryPsyche InjurySleep DisorderTemporary DisabilityPermanent DisabilitySubstantial Medical EvidenceGood Faith Personnel ActionBurden of ProofAffirmative Defense
References
2
Case No. ADJ8358585
Regular
Mar 21, 2016

ELAINE HUERTA vs. COUNTY OF SAN BERNARDINO

In this workers' compensation case, the applicant, Elaine Huerta, claimed industrial injury to her psyche. The defendant, County of San Bernardino, sought reconsideration of a prior award finding the psychiatric injury compensable and rejecting the good faith personnel action defense. The Appeals Board denied the petition, affirming the judge's finding that the applicant's psychiatric injury was not substantially caused by lawful, non-discriminatory, good faith personnel actions. The Board found the applicant's injury resulted from the employer's deficient personnel management, including failure to address co-worker harassment.

Workers' Compensation Appeals BoardPsychiatric injuryGood faith personnel actionLabor Code section 3208.3Predominant causeSubstantial causeRolda v. Pitney BowesInc.Multilevel analysisIndustrial injury
References
2
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