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

Case No. ADJ4417162 (VNO 0529182) ADJ1947867 (SBR 0327890)
Regular
Oct 27, 2009

UN CHU KO vs. COUNTY OF LOS ANGELES; PERMISSIBLY SELF-INSURED

The WCAB denied reconsideration, upholding the WCJ's finding that the applicant's psychological injury claim was barred due to lawful, nondiscriminatory, good-faith personnel actions.

Workers' Compensation Appeals BoardReconsideration DeniedLabor Code § 3208.3(h)Psychological InjuryRacial DiscriminationNational Origin DiscriminationPersonnel ActionsAggravationPre-existing Psychiatric DisorderCredibility Determination
References
3
Case No. ADJ4408900 (VNO 0451597)
Regular
Nov 23, 2009

JAMES SKAGGS vs. SPECIAL DEVICES, INC.; STATE COMPENSATION INSURANCE FUND

The WCAB affirmed the WCJ's decision denying reconsideration, finding the date of injury correct and that the employer did not meet its burden of proving the injury was substantially caused by lawful, nondiscriminatory, good faith personnel actions.

Psychiatric injuryCumulative traumaGood faith personnel actionLabor Code section 3208.3(h)Administrative leaveIndustrial injuryPre-existing nonindustrial personality dysfunctionPredominant causeActual events of employmentLawful
References
20
Case No. ADJ374264 (OAK 0326323)
Regular
Oct 21, 2009

DIANE SCOTTO vs. MT. DIABLO MEDICAL GROUP, TRISTAR RISK MANAGEMENT

The WCAB rescinded the WCJ’s decision and found that applicant’s psychiatric injury is not compensable because her injury was substantially caused by her employer’s lawful, nondiscriminatory, good faith personnel actions. The shift change was a personnel action, resulting in 38.5% causation.

Labor Code section 3208.3(h)psychiatric injurygood faith personnel actionssubstantial causecausation thresholdagreed medical evaluator (AME)WCJpetition for reconsiderationshift changeregular and routine employment event
References
6
Case No. AHM 0123957
Regular
Jan 07, 2008

CHRISTOPHER L PREVATT vs. COUNTY OF ORANGE

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the administrative law judge's findings. The Board affirmed that the applicant sustained a psychiatric injury predominantly caused by actual employment events, specifically a retaliatory reassignment. Furthermore, the Board found the employer failed to establish that the reassignment was a lawful, nondiscriminatory, or good faith personnel action.

Psychiatric injuryPredominant causeLawful personnel actionNondiscriminatoryGood faithReassignmentTB ProgramHIV+RetaliatoryOffice of Compliance
References
4
Case No. ADJ991157
Regular
Mar 15, 2010

GLENDA STAFFORD vs. ARMORED TRANSPORT, ESIS SOUTHFIELD

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed a prior decision finding the decedent's suicide compensable. The Board determined that the employer's investigation into missing funds, which led to the suicide, constituted a lawful, nondiscriminatory, good faith personnel action under Labor Code section 3208.3(h). Therefore, compensation for the suicide is barred, and the applicant is entitled to take nothing.

Workers' Compensation Appeals BoardSuicideIndustrial InjuryDeath BenefitDependentPersonnel ActionGood Faith InvestigationIrresistible ImpulseLabor Code Section 3208.3(h)Psychiatric Injury
References
5
Case No. ADJ11728953
Regular
Feb 07, 2020

Mauricio Zamudio vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought compensation for a psychiatric injury, but the WCJ found it was substantially caused by lawful, nondiscriminatory, good-faith personnel actions. The Board agreed that the applicant's demotion was a routine and reasonable employment event, thus barring compensation under Labor Code Section 3208.3(h). The applicant's injury was industrial, but the employer successfully demonstrated the exception applied.

Psychiatric injuryLabor Code § 3208.3Predominant causeSubstantial causeGood faith personnel actionsDemotionLawful nondiscriminatoryLegal principlesMedical evidenceWCJ
References
3
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. ADJ2836927 ANA 0328771
Regular
Nov 27, 2018

LISA MASTERS vs. REMO, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, By Its Servicing Facility INTERCARE INSURANCE SERVICES, For HIH INSURANCE, in LIQUIDATION

This case involves a workers' compensation claim for a psychiatric injury. The applicant alleged her injury resulted from unlawful personnel actions by her employer. The administrative law judge found that while several employment events contributed to the injury, they were all lawful, nondiscriminatory, and good-faith personnel actions. The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the judge's findings. The Board determined the judge's decision was supported by substantial evidence in the record.

Labor Code section 3208.3(h)psyche injurylawful nondiscriminatory good faith personnel actionpredominant cause standardRolda v. Pitney BowesInc.Larch v. Contra Costa CountyCity of Oakland v. Workers' Comp. Appeals Bd. (Gullet)WCJ findingsmedical-legal psychiatric evaluation
References
5
Case No. ADJ9571986
Regular
Feb 22, 2019

ANNE CHOU vs. COUNTY OF RIVERSIDE

The Appeals Board granted reconsideration to address the apportionment of psychiatric permanent disability. The Board clarified that Labor Code section 3208.3(h) pertains to the causation of the injury itself, not the apportionment of permanent disability. Therefore, lawful nondiscriminatory personnel actions, which did not meet the 35% causation threshold for non-compensability, cannot be used to apportion permanent disability under Labor Code section 4663. Accordingly, the applicant's permanent disability was increased from 19% to 22%.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeIndustrial InjuryGastrointestinal SystemPsycheHypertensionTemporary DisabilityPermanent Disability
References
0
Case No. ADJ11319508
Regular
Feb 01, 2019

YVONNE GENTRY vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves an applicant claiming a psychiatric injury. The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the finding that actual employment events predominantly caused the applicant's psychiatric injury. The employer failed to prove that any alleged personnel actions were lawful, nondiscriminatory, and in good faith, thus failing to establish a defense against compensability. Therefore, the court found no need for a further analysis of whether such actions substantially caused the injury.

Workers' Compensation Appeals Boardpsychiatric injuryactual events of employmentpredominant causearose out of and occurred in the course of employmentAOE/COElawful nondiscriminatory good faith personnel actionaffirmative defenseburden of proofsubstantial cause
References
4
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