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

Case No. ADJ10202588
Regular
Mar 13, 2017

PHILIP KETTERLE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

This case concerns a workers' compensation claim for psychological injury. The Appeals Board rescinded the prior award, finding the medical evidence regarding psychiatric causation deficient. Specifically, the evaluating physician failed to adequately detail and apportion the specific stressors contributing to the applicant's psychological injury as required by *Rolda*. The matter is returned to the trial level for further proceedings to obtain a *Rolda*-compliant medical report to determine compensability.

AOE/COEpsycheRolda analysiscausation of psychiatric injurysubstantial medical evidenceFindings of Fact and AwardPetition for ReconsiderationReport and Recommendationdeferred issuessupplementation of medical record
References
4
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
3
Case No. ADJ8981788
Regular
Apr 29, 2015

YVETTE VASQUEZ vs. SENECA CENTER, SEQUOIA NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, GALLAGHER BASSETT

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the original decision. The Board found that while some work events were good faith personnel actions, there was no substantial medical evidence, as required by the *Rolda* analysis, proving these actions accounted for 35-40% of the applicant's psychiatric injury. Therefore, the claim is not barred by Labor Code section 3208.3. The Board adopted the workers' compensation judge's report and reasoning in its entirety.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 3208.3psychiatric injurygood faith personnel actionssubstantial evidencesubstantial causeRolda analysisPanel QMEDr. Ryan Davis
References
1
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. ADJ8645032
Regular
Jan 30, 2019

BONNIE KEEFE vs. CEDARS-SINAI MEDICAL CENTER

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award concerning Bonnie Keefe's claimed cervical, lumbar, and psychiatric injuries. The WCAB found that while the WCJ properly adjudicated the physical injuries and the expedited hearing was appropriate, the analysis for the psychiatric injury was incomplete. Specifically, the WCAB determined that the WCJ failed to conduct a full *Rolda* analysis, which is required to assess claims of psychiatric injury stemming from good faith personnel actions. Therefore, the issue of psychiatric injury is deferred for further proceedings at the trial level.

Petition for ReconsiderationFindings of Fact and Awardscervical spinelumbar spinepsychiatric systemtemporary total disabilityRolda v. Pitney Bowesexpedited hearinggood faith personnel actionsadministrative law judge
References
4
Case No. ADJ1259913 (LBO 0390101) ADJ4077421 (LBO 0390100)
Regular
Feb 24, 2014

BELINDA WEATHERSBY vs. ABBOT LABORATORIES, FINANCIAL INSURANCE GUARANTY COMPANY

The Workers' Compensation Appeals Board vacated a prior award concerning applicant's psychological injury claim. The Board found that the administrative law judge did not fully address the employer's affirmative defenses of a good faith personnel action. Therefore, the case is remanded for the judge to conduct a *Rolda* analysis and re-evaluate the good faith personnel action defense. Issues regarding post-termination claims and temporary disability benefits were addressed, with the post-termination claims being dismissed, but the question of temporary disability benefits requires further development.

Workers' Compensation Appeals BoardIndustrial InjuryPsyche InjurySales AssociateTemporary Disability IndemnityAffirmative DefenseLawful Personnel ActionPost-Termination ClaimLabor Code Section 3208.3(h)Labor Code Section 3600(a)(10)
References
7
Case No. ADJ580842 (LAO 0840341)
Regular
Dec 06, 2010

JAVIER FELIX vs. CARL KARCHER ENTERPRISES/CARL'S JUNIOR, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order, returning the case to the trial level for further proceedings. The Board found the trial judge did not fully apply the *Rolda* standard when determining if the applicant's psychiatric injury was predominantly caused by lawful, good faith personnel actions. Both parties will have an opportunity to further develop the record on the psychiatric injury causation and the defendant's QME will be allowed to supplement their report. The Board did not address the applicant's claim of a gastrointestinal injury, finding no error in the WCJ's initial determination on that issue.

Workers' Compensation Appeals BoardJavier FelixCarl Karcher EnterprisesSt. Paul Travelerscumulative traumapsyche injuryshouldersheadachesgastrointestinal injurygood faith personnel action
References
1
Case No. ADJ8307593
Regular
Apr 20, 2015

BENJAMIN ILORI vs. PACIFIC PALMS CONFERENCE RESORT, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board affirmed a prior decision finding the applicant did not sustain injury arising out of and occurring in the course of employment (AOE/COE). The applicant alleged psychological injury due to perceived workplace mistreatment and discrimination, including denied promotions. The Board found that the applicant's perceived mistreatment was not substantiated by credible evidence, and any actual personnel actions were lawful, nondiscriminatory, and in good faith. Under the *Rolda* analysis, since all identified employment events were lawful personnel actions, the applicant failed to meet the burden of proof for compensable injury.

AOE/COEpsyche injurycardiovascular systemcirculatory systemmistreatmentdiscriminationpersonnel actionsRolda v. Pitney Bowlesgood faith personnel actionpredominant cause
References
3
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. ADJ13303390
Regular
Feb 15, 2023

JULIO PINEDA vs. CITY OF RANCHO CUCAMONGA, LWP CLAIMS SOLUTIONS, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the administrative law judge's (WCJ) finding of a compensable psychiatric injury. The defendant argued the psychiatric Qualified Medical Examiner's (QME) opinion lacked substantial evidence and that a "good faith personnel action" defense applied. The WCAB rescinded the award, finding the WCJ's decision failed to include a detailed analysis of the "good faith personnel action" defense as required by *Rolda v. Pitney Bowes*. The matter is returned to the WCJ to issue a new decision addressing all relevant issues under the preponderance of evidence standard.

Psychiatric injuryGood faith personnel action defenseRolda analysisSubstantial causePredominant causeQualified Medical Examiner (QME)Findings and Award (F&A)RescindReturn to WCJLabor Code section 3208.3
References
2
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