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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The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings.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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ1856849
Regular
Aug 21, 2014

ROGELIO MERLOS vs. AJ SLENDERS DAIRY, ZENITH INSURANCE COMPANY

This Workers' Compensation Appeals Board (WCAB) notice indicates they are reconsidering a prior ruling that excluded defendant's exhibits A through M as irrelevant. The WCAB believes these exhibits may be relevant to the issues presented at trial. Absent timely written objection demonstrating good cause, these exhibits will be admitted into evidence. This decision will inform the final determination on the defendant's petition for reconsideration.

Petition for ReconsiderationExhibits A through MWCJNotice of Intention to Admit EvidenceWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeGood CauseWritten ObjectionDemonstration of Good CauseService of Notice
References
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
Case No. ADJ9190661 ADJ9735754 ADJ9735757
Regular
Nov 20, 2015

WILLIAM CRONIN vs. HONEYWELL INTERNATIONAL INC., XL SPECIALTY INSURANCE COMPANY as administered by MATRIX ABSENCE MANAGEMENT, INC.

The Workers' Compensation Appeals Board granted reconsideration and found that William Cronin sustained a psychiatric industrial injury arising out of and in the course of employment with Honeywell International. The Board affirmed that actual employment events were predominant causes of the injury. Defendant failed to prove the injury was substantially caused by a lawful, nondiscriminatory, good faith personnel action, as the events cited did not constitute a substantial cause. The previous award was rescinded and substituted with this finding, deferring other issues.

Workers' Compensation Appeals BoardIndustrial InjuryPsychiatric InjuryActual Events of EmploymentPredominant CauseGood Faith Personnel ActionDue ProcessAdmissible EvidenceAgreed Medical ExaminerTreating Physician Reports
References
Case No. ADJ10384186 MF ADJ10404193
Regular
Mar 25, 2019

SCOTT MITCHELL vs. DENIHANA, ZURICH NORTH AMERICA

This case concerns a claim for psychiatric injury where the applicant, Scott Mitchell, alleged actual employment events were the predominant cause. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the WCJ's findings, giving great weight to credibility determinations and finding no substantial evidence to reject them. Crucially, the Board concluded the injury was not substantially caused by lawful, nondiscriminatory, good faith personnel actions, as required by Labor Code section 3208.3. The Board relied on the agreed medical examiner's opinion that employment stress predominantly caused the aggravation of the applicant's pre-existing condition.

Labor Code 3208.3predominant causepsychiatric injurygood faith personnel actionsubstantial causecredibility determinationsaggravation of pre-existing conditionagreed medical examinercumulative traumaanxiety disorder not otherwise specified
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. 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. ADJ11952165
Regular
Nov 25, 2019

BILL HUMPHREY vs. CITY OF SAN LUIS OBISPO, PSI Through CJPIA, administered by YORK RISK GROUP

This case involved applicant Bill Humphrey's claim for psychiatric injury against the City of San Luis Obispo. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that Humphrey sustained an industrial psychiatric injury. The Board affirmed the judge's determination that while a job reclassification was a good faith personnel action, it was not the substantial cause of the injury. Instead, increased job duties and applicant's internal pressure were deemed the predominant causes of his psychiatric condition.

Labor Code Section 3208.3good faith personnel actionpsychiatric injurypredominant causesubstantial causemultilevel analysisRolda v. Pitney BowesInc.panel qualified medical evaluatorPQME
References
Case No. ADJ8076231, ADJ7548354, ADJ8286584, ADJ8286596
Regular
Aug 01, 2014

Gerald Miller vs. CITY OF FRESNO

The Workers' Compensation Appeals Board granted Gerald Miller's petition for reconsideration of an earlier award. The Board found the original judge did not adequately address the affirmative defense of good faith personnel actions regarding Miller's psychiatric injury claim. Therefore, the case is returned to the trial level for further proceedings to clarify whether the alleged personnel actions were lawful and in good faith and if they substantially caused Miller's injury. This amendment defers the determination of the psyche injury claim pending this further review.

WCABPetition for ReconsiderationJoint Findings of Fact and Awardcumulative traumapolice officerpsyche injuryLabor Code section 3208.3(h)good faith personnel actionsubstantial causepredominant cause
References
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