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

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. 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. ADJ7219585
Regular
Jul 06, 2015

Barbara Miljkovic vs. Southern California Edison

The Workers' Compensation Appeals Board denied Barbara Miljkovic's petition for reconsideration, affirming the Administrative Law Judge's (ALJ) decision. The Board found no industrial injury from alleged asbestos exposure, based on medical reports showing no evidence of asbestos-induced lung disease. Furthermore, the Board determined that Miljkovic's psychiatric injury was barred by Labor Code Section 3208.3(h) because the employer's personnel actions, while potentially harsh, were lawful, non-discriminatory, and conducted in good faith. The Board clarified that good faith personnel actions constituted 50% of the cause of the psychiatric injury, consistent with case law.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportSan Francisco Unified School District v. Workers' Comp. Appeals Bd. (Cardozo)psychiatric injurygood faith personnel actionsLabor Code Section 3208.3(h)asbestosisreactive airways diseaseRolda v. Pitnew Bowles
References
4
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. ADJ6603653
Regular
Mar 29, 2010

PEGGY MILLER vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

This case concerns applicant Peggy Miller's claim for a psychiatric injury allegedly arising from a verbal dispute with her supervisor over medication administration. The Workers' Compensation Appeals Board (WCAB) denied her petition for reconsideration of a prior finding that her injury was not compensable. The WCAB majority adopted the judge's report concluding the incident was a lawful, non-discriminatory, good faith personnel action and not a compensable industrial injury. However, one commissioner dissented, arguing the supervisor's directive to administer medication contrary to physician's orders was unlawful, thus not a "lawful, nondiscriminatory, good faith personnel action" under Labor Code section 3208.3(h).

Workers' Compensation Appeals BoardPsychiatric injuryVerbal exchange24 hour clockMedication administrationShift supervisorPersonnel actionLawfulNondiscriminatoryBad faith
References
1
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
Case No. ADJ838713
Regular
Apr 29, 2010

CAROL SERNA-TORRES vs. COUNTY OF LOS ANGELES, INTERCARE

The Appeals Board granted reconsideration to address the defendant's argument that the applicant's psychiatric injury may have been caused by good faith personnel actions, which would bar compensation. The Board found the original decision failed to properly analyze whether specific employment events constituted lawful, non-discriminatory, good faith personnel actions. Therefore, the case is returned to the trial level for the judge to determine if the applicant's claim is barred under Labor Code Section 3208.3(h) by such actions. The Board accepts, for this analysis, that the initial threshold for industrial psychiatric injury causation was met.

Labor Code section 3208.3Rolda v. Pitney Bowespsychiatric injurygood faith personnel actionscumulative traumapredominant causeindustrial causationactual events of employmentPQMEWCJ
References
5
Case No. ADJ8540632
Regular
Oct 15, 2013

FRANCISCO MEDINA vs. SCRIPPS HEALTH

The Workers' Compensation Appeals Board denied a petition for reconsideration in the case of Francisco Medina v. Scripps Health. The applicant alleged a psychiatric injury, but the employer successfully argued the defense of good faith personnel actions under Labor Code section 3208.3(h). The Board adopted the WCJ's findings, finding the employer's actions, including performance improvement forms and issues related to English proficiency, were lawful, non-discriminatory, and made in good faith to address job performance deficiencies. Credible employer testimony and evidence supported these findings, leading to the denial of the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workmen's Comp. Appeals Bd.psychiatric injurygood faith personnel actionslabor code section 3208.3(h)Rolda v Pitney Bowespredominant causelawful
References
4
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. MISSING
Regular Panel Decision

Claim of Mattoon v. New York State Department of Labor

Claimant, an agency services representative with the Department of Labor, ceased employment in December 1993 due to work-related stress causing depression, posttraumatic stress disorder, and generalized anxiety disorder. Her claim for workers’ compensation benefits was denied by the Workers’ Compensation Board, which found that her inability to cope with work resulted from lawful, good-faith personnel decisions by the employer, as per Workers’ Compensation Law § 2 (7). Claimant appealed, contending that the Board's determination was unsupported by substantial evidence and that her reassignment to a stressful position was not in good faith. The court affirmed the Board's decision, concluding that the employer's actions constituted a lawful personnel decision undertaken in good faith.

Workers' CompensationPsychic InjuryWork-Related StressDepressionPTSDAnxietyLawful Personnel DecisionGood FaithJob ReassignmentAppeal
References
4
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