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

Case No. ADJ7425483
Regular
Aug 28, 2019

TERRI CEBALLOS vs. HEMET UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the case of Terri Cebellos versus Hemet Unified School District. The WCAB found the original decision by the Workers' Compensation Judge (WCJ) insufficient regarding psychiatric injury causation. Specifically, the WCAB determined that the WCJ's analysis and the medical evidence presented did not fully address the legal requirements for establishing industrial causation, particularly concerning good faith personnel actions and the Rolda analysis. Consequently, the WCAB rescinded the WCJ's decision and returned the matter to the trial level for further proceedings and a new decision to properly develop the record.

Workers Compensation Appeals BoardReconsiderationPsychiatric injuryHostile work environmentPersonnel actionsGood faithPredominant causeRolda analysisCausationMedical evidence
References
Case No. ADJ10544667
Regular
Nov 15, 2019

NEREYDA VARGAS vs. WELLS FARGO BANK NORTH AMERICA, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a decision finding no industrial psychiatric injury. The Board found the original decision failed to conduct the multi-level analysis required by *Rolda v. Pitney Bowes, Inc.* concerning actual employment events and lawful, good faith personnel actions. The case is returned to the trial level for further development and analysis to determine if actual employment events predominated the injury and if any lawful personnel actions were a substantial cause. The Workers' Compensation Judge must specifically address all alleged events, medical evidence, and potential inconsistencies in the Qualified Medical Evaluator's reports.

psychiatric injurycumulative traumaRolda analysispredominant causelawful personnel actionnondiscriminatorygood faithactual events of employmentpredicate eventsmedical evidence
References
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
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
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
Case No. ADJ12471831
Regular
Apr 14, 2025

KATHLEEN ZIPP vs. ST HELENA U.S.D., PSI, NORTH BAY SCHOOLS INSURANCE AUTHORITY

The applicant sought reconsideration of a June 13, 2023, Findings and Order (F&O) which found her psychiatric injury claim barred by the good faith personnel action (GFPA) defense under Labor Code section 3208.3(h). The Workers' Compensation Appeals Board (WCAB) rescinded the F&O, determining that the medical evidence from the Qualified Medical Evaluator (QME), Dr. Kothapalli, was not sufficiently detailed or Rolda-compliant regarding the causation percentages attributed to personnel actions by Ms. Ely and other school district 'players.' The matter was returned to the trial level for further development of the record, including clarification of events and potentially additional medical opinion, to ensure a proper substantial causation analysis.

Labor Code 3208.3Good Faith Personnel ActionPsychiatric InjuryPredominant CauseSubstantial CauseRolda AnalysisActual Events of EmploymentPersonnel ActionsLawful Nondiscriminatory Good FaithMedical Evidence
References
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
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. 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. SFO 0479135
Regular
Nov 09, 2007

ALBERT T. WILLIAMS vs. ST. LUKE'S HOSPITAL, UNITED STATES FIDELITY AND GUARANTY ADMINISTERED BY LWP CLAIMS SOLUTIONS, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior award, and returned the case for further proceedings. The WCAB found the medical evidence insufficient to establish causation for the applicant's claimed psychological injury. Furthermore, the WCJ failed to conduct the required multi-level analysis for evaluating claims involving good faith personnel actions.

Labor Code section 3208.3(h)good faith personnel actionpsychiatric injurypredominant causesubstantial causeRolda analysisobjective good faith standardwillful misconductworkplace stresscumulative trauma
References
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