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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The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings.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. 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The Appeals Board rescinded the prior award and returned the case to the trial level for further proceedings.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. ADJ7977732, ADJ8044285, ADJ8044807
Regular
Nov 07, 2014

OSCAR ALVAREZ vs. EBUS, TRAVELERS INSURANCE COMPANY

The Appeals Board withdrew a Notice of Intention to Issue Sanctions against lien claimant Mednet, Inc. and its representative, Michael Goldberg. Initially, sanctions were considered for filing a skeletal, unverified Petition for Reconsideration and failing to appear at a lien conference, deemed bad faith actions causing delay. However, after Mednet explained the actions as an "honest mistake" due to lack of experience and apologized, the Board found the petition was not filed in bad faith or as a frivolous tactic. Mednet was admonished to familiarize itself with Appeals Board rules regarding liens and filings, but sanctions were ultimately withdrawn.

Workers' Compensation Appeals BoardRemovalNotice of Intention to Issue SanctionsLien ClaimantPetition for ReconsiderationSkeletal PetitionUnverified PetitionNon-Final OrderLien ConferenceBad Faith Actions
References
Case No. ADJ20053254
Regular
Aug 21, 2025

JUAN SEDANO vs. CONSERVATION SOCIETY OF CALIFORNIA, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY SAN FRANCISCO

A workers' compensation administrative law judge continued a trial for three weeks, prompting the applicant, Juan Sedano, to file a petition for removal alleging significant prejudice and irreparable harm. Despite the trial proceeding as scheduled, the applicant failed to provide notice of the trial's occurrence or withdraw the petition for removal. The Appeals Board found this lack of action inconsistent with the applicant's claim of harm due to delay. Consequently, the Board deemed the petition for removal moot and ordered its dismissal.

Petition for RemovalMootDismissalWorkers' Compensation Appeals BoardWCJAdjudication NumberIrreparable HarmApplicant's AttorneysLack of ActionContradictory Premise
References
Case No. ADJ11183246
Regular
Aug 19, 2019

RAY MASBAD vs. FOLSOM STATE PRISON, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration in this case. The applicant successfully proved an industrial psychiatric injury, and the defendant failed to demonstrate it was caused by lawful, good faith personnel actions. Since the applicant did not challenge the judge's findings, the Board affirmed the compensability of the injury. Consequently, the petition for reconsideration was dismissed.

Petition for ReconsiderationIndustrial InjuryPsycheLawful Personnel ActionsGood Faith Personnel ActionsDiscriminatory Personnel ActionsCompensable InjuryWCJ OpinionLegally Correct FindingsAggrieved Applicant
References
Case No. ADJ10221687
Regular
Nov 13, 2020

LEONORE MUNOZ vs. DEPARTMENT OF CORRECTIONS

Here's a summary of the case for a lawyer in four sentences: The Appeals Board reversed a Workers' Compensation Judge's decision, finding that the applicant's psychiatric injury was not substantially caused by lawful, nondiscriminatory, good faith personnel actions. While the applicant experienced distress from work-related events, including a counseling memo and an email announcing a meeting, the Board determined that the email was not a "personnel action" under Labor Code section 3208.3(h). Therefore, the employer's defense that the injury stemmed solely from such actions failed, making the psychiatric injury compensable. The Board rescinded the prior order and substituted a finding that the injury is compensable and not barred by the personnel action defense.

Workers' Compensation Appeals BoardPsychiatric InjuryGood Faith Personnel ActionLabor Code Section 3208.3(h)ReconsiderationCausationPQMEIndustrial StressorsCounseling MemoPersonnel Action
References
Case No. ADJ608889 (POM 0271021) ADJ1865253 (POM 0271022)
Regular
Jul 09, 2009

BARBARA GARCIA vs. COLEN AND LEE, FREMONT EMPLOYERS INSURANCE COMPANY as administered by EMPLOYERS

The Workers' Compensation Appeals Board (WCAB) rescinded the prior award due to a deficient record, specifically the failure to formally admit crucial medical evidence. The WCAB found that the administrative law judge's decision was not based on admitted evidence, necessitating a return to the trial level. Furthermore, the WCAB found the judge's analysis of the "good faith personnel action" defense to be insufficiently explained and lacking in proper legal application. The matter is remanded for further proceedings, including admitting evidence and issuing a new decision consistent with the WCAB's opinion.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPsychiatric injuryTemporary disabilityPermanent disabilityAdmitting exhibitsOpinion on decisionGood faith personnel actionLabor Code §3208.3
References
Case No. ADJ6743889
Regular
Sep 14, 2012

ALAN WAY vs. CUMMINS CAL PACIFIC, LLC, ZURICH INSURANCE GROUP

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a finding that he did not sustain an industrial psychiatric injury. The Board affirmed the judge's decision that the employer successfully proved the affirmative defense under Labor Code section 3208.3. This defense applies when a psychiatric injury is substantially caused by lawful, nondiscriminatory, good-faith personnel actions. The Board found that the applicant's numerous disciplinary actions, including warnings and demotions, constituted such actions and were a predominant cause of his alleged injury.

Labor Code 3208.3Psychiatric injuryIndustrial injuryPersonnel actionPredominant causeSubstantial causeGood faith personnel actionBurden of proofPetition for reconsiderationFindings and Order
References
Case No. ADJ1840831 (STK 0210372)
Regular
Feb 03, 2011

DEBORAH JONES vs. MAX MART, INC./SEAN LOLOEE aka SHAHRIAR LOLOEE, ADEL MORADI, THE DIRECTOR OF INDUSTRIAL RELATIONS as administrator of the UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a worker injured in 2007 while employed by Max Mart, Inc., which was operating without workers' compensation insurance. The administrative law judge found the employer and its substantial shareholder, Sean Loloee, liable for the injury. Loloee later sought reconsideration, arguing the decision was unjust due to his lack of counsel and inability to pay, and that the lack of insurance was unintentional. However, the Workers' Compensation Appeals Board dismissed his petition as untimely, as it was filed over a year after the award. Additionally, the Board noted the petition was also "skeletal" for failing to provide specific legal and factual grounds.

WORKERS' COMPENSATION APPEALS BOARDMAX MART INC.SEAN LOLOEESHAHRIAR LOLOEEADEL MORADIUNINSURED EMPLOYERS BENEFIT TRUST FUNDPETITION FOR RECONSIDERATIONFINDINGS OF FACT AWARD AND ORDERADMINISTRATIVE LAW JUDGEINDUSTRIAL INJURY
References
Case No. ADJ9320374
Regular
Jul 29, 2016

KURT KENDELL vs. COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT

This case concerns a county probation officer's claim for psychiatric injury. The applicant alleged his injury stemmed from perceived bad faith personnel actions by his supervisor, including excessive report editing and workload issues. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award, finding the medical evidence regarding causation and the "good faith personnel action" defense was insufficient. The matter was returned to the trial level for further proceedings to develop the record, potentially through an Agreed Medical Examiner or a court-appointed physician, to clarify the causal relationship and the nature of the employer's actions.

Psychiatric injuryGood faith personnel action defenseLabor Code section 3208.3(h)Predominant causeSubstantial evidencePanel Qualified Medical Examiner (PQME)Rolda analysisActual events of employmentLawful nondiscriminatoryMedical probability
References
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