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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Jul 03, 2003

Claim of Dinneny v. Phoenicia Fire District

In February 1994, a volunteer firefighter for the Phoenicia Fire District was injured after falling on ice. Initial total disability payments were rescinded by the Workers' Compensation Board in 1996. The claimant then filed a new claim asserting posttraumatic stress disorder (PTSD) as a result of the 1994 injury. The Board denied this claim in 2003, determining that the PTSD was not causally related to the 1994 accident but rather to a separate violent attack in 1995. The Appellate Division affirmed the Board's decision, concluding it was supported by substantial evidence and that the Board properly assessed conflicting medical testimony.

Volunteer FirefighterPTSDCausal RelationshipMedical TestimonySubstantial EvidenceWorkers' Compensation BoardAppealDisability BenefitsFirefighter InjuryRescinded Benefits
References
4
Case No. ADJ2167155 (VNO 0443514)
Regular
Oct 17, 2013

Thomas David Williams vs. MAKENZIE ELECTRICAL INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board remanded the case for further development of the record concerning the applicant's claimed injury to psyche/PTSD. The prior findings were not based on substantial evidence due to an inadequate medical history and stale opinions from the evaluating physician, Dr. Glaser. The Board ordered a new evaluation by an Agreed Medical Evaluator or a regular physician to address the complex psychological issues, including PTSD, substance abuse, and potential organic brain injury. After this evaluation, the matter will return to the judge for a new decision incorporating all relevant findings.

Workers' Compensation Appeals BoardReconsiderationPsyche/PTSDSubstantial EvidenceAgreed Medical EvaluatorLabor Code section 5701Findings and AwardWCJPermanent DisabilityApportionment
References
0
Case No. ADJ19399039
Regular
Aug 11, 2025

CHRISTOPHER BRABANT vs. SALINAS UNION HIGH SCHOOL DISTRICT, INTERCARE

Applicant Christopher Brabant, a teacher, sustained a psyche injury (PTSD) on January 9, 2024, after witnessing his daughter's injury at work. The defendant, Salinas Union High School District, filed a Petition for Reconsideration of the May 16, 2025 Findings, Award, and Order, arguing that industrial factors were not the predominant cause. The Workers' Compensation Appeals Board denied the petition, affirming that the injury arose out of and in the course of employment, as the workplace was integral to the traumatic event and subsequent triggers related to applicant's teaching responsibilities.

PSYCHIATRIC INJURYAOE/COEPREDOMINANT CAUSEACTUAL EVENTS OF EMPLOYMENTPSYCHE PANEL QMEPOST-TRAUMATIC STRESS DISORDERWCJ REPORTLABOR CODE 3208.3SUBSTANTIAL MEDICAL EVIDENCEATASCADERO UNIFIED SCHOOL DIST. V. WCAB
References
10
Case No. ADJ6466823 ADJ6465939 ADJ7844561
Regular
Jan 08, 2016

CLIVIA PALACIOS vs. COUNTY OF FRESNO, Permissibly Self-Insured, Administered By RISCO

This case concerns a lien claimant, Michael Kesselman, seeking payment for psyche-related treatment. Kesselman argues he has standing because his bills weren't fully covered by the applicant's health insurer, and he disputes the prior finding of no industrial psyche injury. The Board granted reconsideration, clarifying that a prior unappealed award determined no industrial psyche injury occurred. Consequently, Kesselman's lien for psyche treatment cannot be recovered as it was not reasonably required to cure an industrial injury.

Lien claimantReconsiderationStandingPsyche injuryAgreed medical evaluatorSubstantial evidenceFinal determinationIndustrial injuryMedical treatmentReasonably required
References
2
Case No. MISSING
Regular Panel Decision
Jan 10, 2013

Claim of Launer v. Euro Brokers

The claimant, a former corporate bond broker, developed posttraumatic stress disorder (PTSD) after the September 11, 2001 attacks at the World Trade Center. He filed a workers' compensation claim, which was established for PTSD, and was initially granted reduced earnings benefits. However, the employer and its workers’ compensation carrier appealed this decision. A panel of the Workers’ Compensation Board and subsequently the full Board determined that the claimant's reduction in earnings was not causally related to his compensable PTSD. The appellate court affirmed the Board's decision, finding substantial evidence to support that the claimant's reduced earnings were not due to his disability, particularly given his continued engagement in his profession for over seven years post-9/11 and the lack of medical opinion stating he was incapable of performing his job due to PTSD-related concentration issues.

PTSD9/11Reduced EarningsPermanent Partial DisabilityWorkers' CompensationCausal RelationshipMedical OpinionIndependent Medical ExaminationAppellate ReviewBoard Decision
References
8
Case No. ADJ8920276 ADJ8920282 ADJ9919338
Regular
Oct 29, 2018

MARIA JARAMILLO vs. U.S. AVIATION SERVICES CORPORATION, OLD REPUBLIC INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

This case involves Maria Jaramillo's appeal regarding her workers' compensation claims, specifically her alleged injury to the psyche. The Appeals Board granted her petition for reconsideration, reversing the prior finding that she had not alleged a psyche injury. The Board found that the parties' own stipulations and the substantial medical evidence, including treating physician and QME reports, constituted an amendment to her application to include this claim. The case is remanded for further determination on the psyche injury and any statute of limitations defenses.

Petition for ReconsiderationAmended Joint Findings and OrderInjury to the psycheStatute of limitationsPre-Trial Conference StatementQualified Medical EvaluatorsLiberal pleading rulesCompensable consequenceCumulative trauma injurySpecific injury
References
4
Case No. ADJ6519716
Regular
Feb 10, 2017

HAO TRAN vs. CITY OF SANTA ANA

The Workers' Compensation Appeals Board denied reconsideration of an administrative law judge's decision that barred a lien claimant's recovery. The judge found the applicant sustained industrial injuries only to her back and right upper extremity, not her psyche. This psyche injury denial was based on a good faith personnel action defense and was no longer subject to reconsideration. Because the applicant's industrial injury did not include a psyche injury, the lien claimant, standing in the applicant's shoes, could not recover for services related to a non-compensable injury.

WCABPetition for ReconsiderationLien ClaimantFindings & OrderPsyche InjuryGood Faith Personnel Action DefenseLabor Code Section 3208.3(h)Preponderance of the EvidenceTrial on the MeritsIndustrial Injury
References
1
Case No. ADJ1211037
Regular
May 10, 2010

ANGELICA DAYRIT vs. WALGREENS

The Workers' Compensation Appeals Board granted Walgreens' petition for reconsideration, overturning the prior award for cervical, lumbar spine, and psyche injuries. The Board found the applicant failed to provide sufficient evidence and testimony to establish industrial injury to her cervical and lumbar spine. However, the Board affirmed the finding of a psyche injury, acknowledging that hearsay evidence from a physician's report could support this claim. The case is remanded for further proceedings to determine temporary disability, permanent disability, and attorney's fees based solely on the psyche injury.

Workers' Compensation Appeals BoardSenior Pharmacy TechnicianCumulative TraumaOrthopedic ComponentsPsychiatric ComponentsMandatory Settlement ConferenceApplicant Failure to AppearNotice to AppearDue ProcessSubstantial Evidence
References
7
Case No. ADJ2078638
Regular
Jun 07, 2010

Gloria Rivas vs. Posada Whittier/Berg Senior Services, Majestic Insurance Company

The applicant, Gloria Rivas, sought reconsideration of a prior Board decision that overturned a finding deferring determination on her psyche injury claim. The Board found the judge exceeded his authority by deferring the decision after the medical evidence presented was deemed not substantial. The applicant argued procedural errors related to trial scheduling, but the Board found the applicant stipulated to readiness for trial on the psyche injury issue, despite knowing her medical evidence was challenged as inadequate. Therefore, the Board denied reconsideration, reaffirming its decision to rule on the psyche injury claim based on the existing record.

Workers' Compensation Appeals BoardPetition for ReconsiderationOpinion and Order DenyingGloria RivasPosada WhittierMajestic Insurance CompanyADJ2078638LAO 0887310Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
1
Case No. ADJ2826672 (VNO 0385248)
Regular
Dec 09, 2011

LAURA MATOOK vs. NEW LIFE CINEMA, TRAVELERS INSURANCE COMPANY

This case involved applicant Laura Matook's claim for industrial injury to her head, spine, and psyche, initially awarded as permanent total disability. The defendant insurer, Travelers, sought reconsideration, leading to a prior decision rescinding the award and finding the psyche injury claim barred by res judicata. Applicant sought further reconsideration, arguing her psyche injury developed later and was not addressed in the initial claim. The Board affirmed its prior decision, finding the current psychiatric symptoms and diagnoses were not materially different from those addressed and denied in 2001, and therefore, res judicata applied.

Res judicataNew and further disabilityPetition to reopenIndustrial injuryPermanent total disabilityPsyche injuryHead injurySpine injuryWCJ decisionAppeals Board
References
2
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