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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The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings.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. 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. ADJ176329 (VNO 0542064)
Regular
Jun 15, 2009

Jesse W. Pratt vs. Lancaster Healthcare Center, Zurich America Insurance Company

This case involved a maintenance supervisor who claimed industrial injury to his psyche and various physical ailments due to alleged stress and harassment by his supervisor. The Appeals Board granted reconsideration, reversing the initial award. The Board found that the applicant's psychiatric injury was substantially caused by lawful, nondiscriminatory, good-faith personnel actions, specifically workplace critiques and job modifications by management. Consequently, compensability for the psychiatric injury was barred under Labor Code section 3208.3(h). The issue of whether the applicant's non-psychiatric conditions were industrially caused was deferred for further development of the record at the trial level.

Workers' Compensation Appeals BoardLabor Code section 3208.3(h)good faith personnel actionpsychiatric injuryindustrial injurycompensabilitymaintenance supervisorreconsiderationFindings and Awardactual events of employment
References
Case No. SFO 0479135
Regular
Nov 09, 2007

ALBERT T. WILLIAMS vs. ST. LUKE'S HOSPITAL, UNITED STATES FIDELITY AND GUARANTY ADMINISTERED BY LWP CLAIMS SOLUTIONS, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior award, and returned the case for further proceedings. The WCAB found the medical evidence insufficient to establish causation for the applicant's claimed psychological injury. Furthermore, the WCJ failed to conduct the required multi-level analysis for evaluating claims involving good faith personnel actions.

Labor Code section 3208.3(h)good faith personnel actionpsychiatric injurypredominant causesubstantial causeRolda analysisobjective good faith standardwillful misconductworkplace stresscumulative trauma
References
Case No. MON 0255649
Regular
Dec 27, 2007

IN SOON SONG vs. WINDSOR MANOR

The Workers' Compensation Appeals Board denied In Soon Song's petition for reconsideration, upholding a prior finding that her psychiatric injury claim was barred by Labor Code section 3208.3(h). This section excludes claims substantially caused by lawful, non-discriminatory, good-faith personnel actions. The Board adopted the Judge's report, which detailed how Song's employment issues, including disciplinary actions and a workplace conflict investigation, constituted such actions. Defendant's request for sanctions was also denied.

WORKERS' COMPENSATION APPEALS BOARDWINDSOR MANORMON 0255649LAO 0771737ORDER DENYING RECONSIDERATIONPetition for ReconsiderationLabor Code 5813sanctionsFindings and OrderLabor Code section 3208.3(h)
References
Case No. ADJ12471831
Regular
Apr 14, 2025

KATHLEEN ZIPP vs. ST HELENA U.S.D., PSI, NORTH BAY SCHOOLS INSURANCE AUTHORITY

The applicant sought reconsideration of a June 13, 2023, Findings and Order (F&O) which found her psychiatric injury claim barred by the good faith personnel action (GFPA) defense under Labor Code section 3208.3(h). The Workers' Compensation Appeals Board (WCAB) rescinded the F&O, determining that the medical evidence from the Qualified Medical Evaluator (QME), Dr. Kothapalli, was not sufficiently detailed or Rolda-compliant regarding the causation percentages attributed to personnel actions by Ms. Ely and other school district 'players.' The matter was returned to the trial level for further development of the record, including clarification of events and potentially additional medical opinion, to ensure a proper substantial causation analysis.

Labor Code 3208.3Good Faith Personnel ActionPsychiatric InjuryPredominant CauseSubstantial CauseRolda AnalysisActual Events of EmploymentPersonnel ActionsLawful Nondiscriminatory Good FaithMedical Evidence
References
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