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

Case No. ADJ8789952
Regular
Nov 16, 2017

LISA STROTHER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Lisa Strother's claim for psychiatric injury due to cumulative trauma as a correctional officer. The Appeals Board granted reconsideration because the Agreed Medical Evaluator's (AME) report lacked specificity regarding the actual employment events causing the psyche injury and failed to properly apportion permanent disability. The Board found the AME's opinion on causation was not adequately detailed to determine if work events were the predominant cause. Therefore, the matter was returned to the trial level for further development of the record on these critical issues.

Workers' Compensation Appeals BoardLisa StrotherState of California Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8789952Fresno District OfficePetition for ReconsiderationFindings of Fact and AwardCorrectional Officer
References
Case No. ADJ117564
Regular
Oct 05, 2012

Catrina Williams vs. Diversified Photo\/Supply, CIGA by its Servicing Facility CAMBRIDGE INTEGRATED, on behalf of FREMONT INSURANCE, in liquidation

The Workers' Compensation Appeals Board affirmed the WCJ's finding of industrial injury to the applicant's neck and bilateral upper extremities, resulting in 55.75% permanent disability. Applicant's contentions regarding apportionment of neck disability to non-industrial causes, injury to shoulders, internal systems, and psychiatric injury were largely rejected based on lack of substantial medical evidence and credibility issues. The case was remanded for further proceedings solely to address a lien claim for attorney fees filed by the applicant's prior attorney, George Slotnick.

CIGAFremont Insuranceliquidiationreconsiderationcumulative traumabilateral upper extremitiesneck injuryapportionmentnon-industrial causesAgreed Medical Examiner
References
Case No. ADJ9418197
Regular
Jan 02, 2020

ALEXANDER GOLIS vs. PACTIV CORP., ACE AMERICAN INSURANCE COMPANY ON BEHALF OF SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) denied the employer's petition for reconsideration in the case of Alexander Golis v. Pactiv Corp. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) that neither Dr. Kettner's nor Dr. Anderson's apportionment opinions constituted substantial evidence. Consequently, the employer failed to meet its burden of proving apportionment for the applicant's post-traumatic stress disorder.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedPost-traumatic stress disorderPTSDImpairmentApportionmentSubstantial evidenceBurden of proofWCJ
References
Case No. ADJ7894308; ADJ7661229; ADJ9465603
Regular
Aug 20, 2025

Assadour Assadourian vs. Ari G. Minassian School, State Compensation Insurance Fund, Church Mutual Insurance Company

The Workers' Compensation Appeals Board reviewed the Findings of Fact, Award and Order concerning Assadour Assadourian's industrial injury claims against Ari G. Minassian School and its insurers. The Board affirmed that contract non-renewal constituted an actual event of employment for psychiatric injury claims. However, it rejected the "pass-through" apportionment from cardiac conditions to psychiatric and sleep-related disabilities, deeming the medical opinions legally unsustainable. Consequently, the Board amended the permanent disability award to 78 percent, reserving jurisdiction to the WCJ for attorney's fees adjustments.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAward and OrderIndustrial InjuryCardiovascular SystemPsycheSleep DisorderUrologic SystemSexual Dysfunction
References
Case No. AHM 095279
Regular
Jul 10, 2007

PATRICIA L. THOMPSON vs. ACOSTA SALES AND MARKETING, ROYAL & SUN ALLIANCE

The Appeals Board reversed the WCJ's finding that the applicant's psychiatric injury was barred by Labor Code section 3208.3(d), determining it resulted from a "sudden and extraordinary employment condition" (a severe car accident). However, they affirmed the WCJ's award of medical treatment for the psychiatric condition, as it was deemed necessary to cure or relieve the effects of the applicant's orthopedic injuries sustained in the same incident. The Board concluded that psychiatric treatment was reasonably required for the industrial orthopedic injuries, particularly due to a chronic pain disorder.

Workers' Compensation Appeals Boardpsychiatric injuryLabor Code section 3208.3(d)sudden and extraordinary employment conditionorthopedic injuriesAgreed Medical Examiner (AME)post-traumatic stress disorderpain disordersequelaeindustrial basis
References
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. ADJ16528931
Regular
Apr 25, 2025

Marisa Kelly vs. Sacramento County Child Protective Services, PSI, County of Sacramento

Defendant sought reconsideration of a Findings of Fact, Awards and Orders (F&O) issued on February 5, 2025, which found that the applicant, Marisa Kelly, sustained a work-related psychiatric injury. The defendant contended that the medical evidence supporting this finding, specifically from the Panel Qualified Medical Examiner (PQME), was not substantial. The Workers' Compensation Appeals Board, after reviewing the petition and the WCJ's report, determined that the PQME's reasoning clearly supported the causation of the applicant's temporary disability and need for medical treatment. The Board concluded that the PQME's use of 'exacerbation' instead of 'aggravation' was immaterial, and therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardSacramento County Child Protective ServicesMarisa KellyPetition for ReconsiderationFindings of Fact Awards and OrdersInjury Arising Out of and Occurring in the Course of EmploymentAOE/COEPsycheMedical EvidencePanel Qualified Medical Examiner
References
Case No. LBO 279827
Regular
Apr 21, 2008

DEENNISE NOVAK vs. GOODHEW AMBULANCE SERVICE, NATIONAL UNION FIRE INSURANCE, c/o BROADSPIRE, a CRAWFORD COMPANY

The Appeals Board granted reconsideration because the WCJ improperly disregarded the Agreed Medical Evaluator's opinion and made a finding without adequate medical evidence. The Board found that due to conflicting medical opinions and the AME's unclear stance, further development of the medical record is required. Consequently, the matter is returned to the trial level for a WCJ to appoint a "regular physician" to re-examine the applicant and address all outstanding medical issues.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryRight KneeHead InjuryNeurological SystemBack InjuryNeck InjuryShoulder Injury
References
Case No. ADJ8829857 ADJ8829856
Regular
Apr 18, 2016

DULCE ESPINOZA vs. JENCO PRODUCTIONS, INC., FIRST NATIONAL INSURANCE COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the appealed finding, deferring development of the record on psychiatric injury, was not a final order. The Board then treated the petition as one for removal, granted it, and rescinded the deferral. Ultimately, the Board found that the applicant failed to prove industrial injury to her psyche, citing a lack of objective evidence and inconsistencies in her reporting, as well as a conflicted medical opinion.

WORKERS' COMPENSATION APPEALS BOARDDULCE ESPINOZAJENCO PRODUCTIONSINC.FIRST NATIONAL INSURANCE COMPANY OF AMERICAADJ8829857ADJ8829856Petition for ReconsiderationPetition for RemovalDecision After Removal
References
Case No. ADJ7927652
Regular
Oct 25, 2016

Bozenna Kasperowicz vs. Metropolitan State Hospital, State Compensation Insurance Fund

This case involves an industrial injury to the applicant, a psychiatric technician, sustained on June 14, 2011, from a patient strike to the head. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address disputes over psychiatric impairment and a sleep disorder rating. The WCAB affirmed the original award but reduced the permanent disability rating from 76% to 70% by excluding the sleep dysfunction impairment. The WCAB found Dr. O'Brien's opinion on psychiatric impairment more persuasive than conflicting medical evaluations and determined Dr. Matos's opinion on sleep impairment lacked substantial medical evidence due to staleness.

WCABReconsiderationPsychiatric ImpairmentWhole Person ImpairmentGAF ScoreSleep DisorderSubstantial Medical EvidencePermanent DisabilityQualified Medical EvaluatorInsomnia
References
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