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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The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings.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. VNO 454527
Regular
Jul 07, 2008

MARIA GARCIA vs. TORCH ONE/XL SPECIALTY INSURANCE, Administered by BROADSPIRE

The Appeals Board granted the defendant's petition for reconsideration, finding that their petition was timely considered due to a procedural delay in notification. The original decision finding an industrial injury to the applicant's right wrist and upper extremity was rescinded. The case is remanded to the trial level for further proceedings, including applicant testimony and cross-examination, to address the defendant's arguments about nonindustrial causes and the reliability of medical evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and Decisionindustrial injuryright wristright upper extremitynursing assistantnonindustrial causessubstantial medical evidencereappearance of applicant
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. BAK 0141141
Regular
Mar 07, 2008

Briant Certuche vs. TRANS-SYSTEMS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board rescinded the previous decision, finding insufficient consideration of whether the applicant's Valley Fever infection was industrially caused or solely due to living in the San Joaquin Valley. The case is returned to the trial level for further development of the medical record, specifically to address the relative likelihood of environmental versus occupational exposure. This decision acknowledges that employment need only be a contributory cause for injury compensability.

Workers' Compensation Appeals Boardindustrial injuryValley Fevercoccidiomycosisproximate causeoccupational exposuregeographic endemicmedical-legal expertsubstantial evidencecontributing cause
References
Case No. MON 0342844
Regular
Aug 20, 2007

DANNY HOPKINS vs. MCMAHAN'S FURNITURE STORES, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied a psychiatric injury claim. The Board found the original judge did not properly apply the *Rolda v. Pitney Bowes* analysis to determine if a lawful personnel action was the substantial cause of the injury. The case is returned to the trial level for further analysis under *Rolda* and to allow for further development of the medical record, specifically regarding whether personnel actions were a substantial cause of the alleged injury.

Workers' Compensation Appeals BoardPsychiatric injuryLawful personnel actionRolda v. Pitney BowesInc.Labor Code section 3208.3Good faithNon-discriminatoryDemotionPredominant cause
References
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
Case No. ADJ9550103, ADJ9214819, ADJ9206482, ADJ9206483, ADJ9356685
Regular
Sep 04, 2014

NATHAN JACKSON vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied reconsideration of an applicant's psychiatric injury claim against the City of Los Angeles. The applicant failed to demonstrate by a preponderance of the evidence that actual employment events were the predominant cause of his psychiatric injury. Even if predominant cause were established, the Board found that lawful, nondiscriminatory, good faith personnel actions by the employer substantially contributed to the injury and barred compensation. The Board's decision was based on the reasoning in the arbitrator's report, which it adopted and incorporated.

Workers' Compensation Appeals BoardPetition for ReconsiderationPsychiatric InjuryPredominant CauseActual Events of EmploymentLabor Code Section 3208.3Affirmative DefenseLawful Nondiscriminatory Good Faith Personnel ActionSubstantial CauseTreating Physician Report
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
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