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

Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ2760698 (VNO 0554027)
Regular
Jan 31, 2012

BERTHA CHAN vs. CARL KARCHER ENTERPRISES, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

In this workers' compensation case, the Appeals Board affirmed its prior decision, granting reconsideration and rescinding the initial denial of the applicant's psychiatric and other injury claims. The Board found that the employer failed to meet its burden of proving the applicant received notice of termination *before* she filed her claim. Crucially, the employer had prior notice of the applicant's sexual harassment complaints and her resulting symptoms before her employment ended. Therefore, the Board ruled the applicant's claim was not barred by post-termination statutes, upholding the applicant's right to have her injury considered on its merits.

Petition for ReconsiderationOpinion and Decision After ReconsiderationFindings of Fact and Orderindustrial injurypsycheheadachesinternal systemsexual harassmentLabor Code section 3208.3(e)post-termination claim
References
Case No. ADJ8855938
Regular
Apr 22, 2015

ARLENE SCHERY vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK, CMS

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the finding that the applicant suffered a compensable psychiatric injury. The Appeals Board adopted the Administrative Law Judge's (WCJ) report, giving it great weight due to the opportunity to observe witness demeanor. The WCJ found that actual employment events, including sexual harassment, a YouTube video incident, classroom heat issues, and administrative failures, were predominant in causing the applicant's psychiatric injury, outweighing any good faith personnel actions. Medical evidence from a QME further supported that the applicant's symptoms stemmed from this stressful work environment.

PSYCHIATRIC INJURYINDUSTRIAL CAUSATIONGOOD FAITH PERSONNEL ACTIONSEXUAL HARASSMENTSTUDENT HARASSMENTTEACHER HARASSMENTYOUTUBE VIDEOEXCESSIVE HEATADMINISTRATION ISSUESRETALIATION
References
Case No. ADJ9664450
Regular
Jun 05, 2015

PATRICIA AGUILAR vs. HARRIS RANCH BEEF COMPANY, TRISTAR RISK MANAGEMENT

This case concerns an applicant's petition for removal regarding discovery of her past sexual history in a workers' compensation claim for psychiatric injury due to sexual harassment. The Appeals Board granted removal, finding the applicant's past sexual history is constitutionally protected and that the defendant failed to demonstrate good cause for discovery under Labor Code section 3208.4. The Board limited discovery to medical records relevant to the applicant's psychiatric history, allowing the defendant to refile a petition for further discovery upon a proper showing of good cause after a medical evaluation. This decision aims to balance the applicant's right to privacy with the defendant's need for relevant information concerning causation and apportionment.

Labor Code section 3208.4Petition for RemovalFindings of Fact and OrderDepose applicantSexual harassmentSexual assaultMolestationGood causePrivacyPsyche injury
References
Case No. ADJ4245808
Regular
Jan 13, 2013

PATRICIA ANNE DYKES vs. CITY OF SAN DIEGO

This case involves an applicant claiming a psyche injury due to sexual harassment and assault by a supervisor. The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The judge found the applicant not credible due to inconsistent testimony and conflicting accounts of events. Medical opinions suggested pre-existing psychopathology and significant non-industrial stressors as the predominant causes of any alleged psychological issues. Ultimately, the applicant failed to meet her burden of proof regarding injury arising out of and in the course of employment.

Workers' Compensation Appeals BoardReconsideration DeniedPsyche InjuryAOE/COECredibility FindingSexual HarassmentSexual AssaultSupervisor MisconductWitness TestimonyMedical Records
References
Case No. ADJ10533211, ADJ10547118
Regular
Dec 26, 2018

MONICA NURSE (COOK) vs. COUNTY OF SAN DIEGO

This case involves Monica Nurse's claim for psychological injury due to alleged sexual harassment. The Workers' Compensation Appeals Board denied her petition for reconsideration of a prior ruling. The Board found that Nurse failed to provide objective evidence of harassment, a requirement for establishing a compensable psychiatric injury under Labor Code section 3208.3(b)(1). The judge's credibility determination of witnesses, who testified against harassment, was given significant weight. Therefore, her claims were denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings of Fact and Orderpsyche injuryemploymentsexual harassmentobjective evidenceactual events of employmentWCJsubstantial evidence
References
Case No. ADJ8266808
Regular
Sep 12, 2014

LILIANA RUIZ vs. MCDONALD'S, INC.; CYPRESS INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves Liliana Ruiz's claim of sexual assault at McDonald's on August 15, 2006. The defendant, McDonald's and its insurer, sought reconsideration of the finding that the assault was industrial, arguing the applicant's credibility was unreliable. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The judge found the applicant's testimony credible, supported by the owner's belief and the employer's inconsistent actions regarding reporting the incident. Defendant's arguments concerning the applicant's termination and other personal matters were found not to rebut the assault allegation.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilitySexual AssaultIndustrial InjuryPsychiatric InjuryOrthopedic InjuryInternal InjuryManager
References
Case No. ADJ8517731
Regular
Jul 23, 2013

BLANCA CALDERON vs. CPS SECURITY SOLUTIONS

The Appeals Board denied the defendant's petition for removal, upholding the WCJ's denial of a medical records release form because the defendant conceded they had not yet been prejudiced and had received records via subpoena. The Board also found the defendant's discovery requests regarding a prior sexual harassment lawsuit too vague to compel and noted that specific facts demonstrating good cause under Labor Code section 3208.4 would be required for discovery related to sexual conduct. The case was remanded for a priority conference, where the defendant must present a comprehensive discovery plan, and the WCJ will issue appropriate discovery orders.

Petition for RemovalRelease of Medical RecordsLabor Code section 3208.4Sexual Harassment LitigationDiscoveryMandatory Settlement ConferencePriority ConferenceWCJAppeals BoardIrreparable Harm
References
Case No. ADJ984347 (FRE 0202559)
Regular
Apr 01, 2014

ENRICA TORRES vs. CLOVIS UNIFIED SCHOOL DISTRICT

This Workers' Compensation Appeals Board case involves an applicant who sustained a psyche injury due to cumulative trauma from workplace sexual harassment. The defendant, Clovis Unified School District, sought reconsideration of an award for further medical treatment. The Agreed Medical Examiner's (AME) opinions on the applicant's need for ongoing treatment were contradictory, leading to ambiguity. Therefore, the Board amended the award to defer the determination of further medical treatment pending clarification, requiring a supplemental AME report or stipulation.

Enrica TorresClovis Unified School DistrictYORK RISK SERVICES GROUPINC.ADJ984347ADJ4520728WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONPERMANENT DISABILITYFURTHER MEDICAL TREATMENT
References
Case No. ADJ2760698
Regular
Oct 14, 2011

BERTHA CHAN vs. CARL KARCHER ENTERPRISES, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a workers' compensation claim for psychiatric injury and related physical symptoms allegedly resulting from sexual harassment. The applicant claims her employer's post-termination defense is invalid because she did not have notice of termination before filing her claim and had sought medical treatment prior to termination. The Appeals Board granted reconsideration, rescinded the prior WCJ's decision, and returned the matter for further proceedings. The Board found that the applicant did not have the requisite knowledge of a potential industrial injury prior to termination for the post-termination defense to apply.

Workers' Compensation Appeals BoardLabor Code section 3208.3sexual harassmentcumulative traumapsychiatric injurypost-termination defenseDWC-1 Claim Formpanel QMEadjustment disordersubstantial evidence
References
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