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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. ADJ1863446 (AHM 0098759)
Regular
Jun 05, 2014

LAURA KOSCKI vs. CONSOLIDATED FREIGHTWAYS, INC., FIDELITY & GUARANTY INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to address apportionment of the applicant's psychiatric permanent disability. The Board rescinded the original award and substituted a new one, finding 15% of the applicant's psychiatric disability is due to nonindustrial litigation stress. The matter was returned to the WCJ to obtain a new rating reflecting this apportionment and to resolve deferred issues regarding permanent disability payments and life pension amounts. Clerical errors concerning injury location and temporary disability dates were also corrected.

Petition for ReconsiderationFindings Award and OrderQualified Medical Evaluatorapportionmentpsychiatric injuryindustrial injurynonindustrial stresslitigation stresstemporary disabilitypermanent disability
References
Case No. ADJ2901317 (FRE0226671)
Regular
May 02, 2011

Connie Mehia vs. CITY OF FRESNO C/O AMERICAN ALL RISK LOSS ADMINISTRATORS (AARLA)

The applicant sought workers' compensation benefits for a stroke, claiming it arose out of and in the course of employment due to workplace stress. The Administrative Law Judge (WCJ) denied the claim, finding no credible evidence that a workplace incident caused the stroke. The Workers' Compensation Appeals Board (WCAB) affirmed the WCJ's decision, concluding that the applicant failed to prove the crucial element of a work-related precipitating event. Both QMEs opined the stroke could be industrially related, but their opinions relied on the applicant's account of a specific workplace argument that the WCJ found unsubstantiated.

AOE/COEindustrial strokeworkers' compensationreconsiderationcausationpre-existing conditionQualified Medical Examinercredibilitysubstantial evidencework-related stress
References
Case No. ADJ4080665
Regular
Apr 24, 2012

LAO-35 XYZZX vs. ANTHONY INTERNATIONAL, INC., TRAVELERS INSURANCE COMPANY

This case involves an applicant claiming cumulative trauma injury resulting in stress, depression, and anxiety due to workplace issues at Anthony International, Inc. The applicant alleged unwarranted criticism, witnessing drug use, and general stress. Defense witnesses, including a former supervisor and coworker, credibly refuted the applicant's allegations and attributed his problems to new management and his own impatience. The Workers' Compensation Appeals Board denied reconsideration, upholding the WCJ's finding of no credible evidence supporting the applicant's claim.

WCABLAOAnthony InternationalTravelers InsuranceADJ4080665Petition for ReconsiderationTake Nothing OrderCumulative TraumaStressDepression
References
Case No. ADJ9919242
Regular
Apr 04, 2017

JAMES KIRCHER vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO FIRE DEPARTMENT

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration. The Board affirmed the finding that a firefighter sustained an industrial injury to his heart and circulatory system when he experienced atrial arrhythmias during a mandatory work treadmill test. Although the Agreed Medical Examiner initially stated he wouldn't term the event an "injury," he later opined the arrhythmias were work-related and caused in part by job stress, leading to the applicant being taken off work. The Board concluded this constituted an injury under the Labor Code, resulting in temporary disability.

Atrial arrhythmiasTreadmill stress testAgreed Medical ExaminerWork mandated health checkIndustrial injuryTemporary disabilityPermanent disabilityOccupational medicineCardiologyLabor Code section 3208
References
Case No. ADJ3437654 (AHM 0142431) ADJ317167 (AHM 0149524)
Regular
Feb 10, 2017

ETHAN PRATH KOLLAR vs. ENVIRONMENTAL & OCCUPATIONAL RISK MANAGEMENT, AMERICAN AUTOMOBILE INSURANCE COMPANY, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board denied defendant's petition for reconsideration or removal. The Board found the WCJ properly deferred issues of out-of-pocket medical expenses pending further discovery. The Board also affirmed the WCJ's order for reasonable and necessary medical treatment for the applicant's "stress" injury, noting that the defendant had stipulated to this injury and listed "stress" as a body part in a prior settlement agreement. Therefore, the defendant's arguments regarding lack of due process and the definition of "stress" as a body part were deemed unconvincing.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and OrderWorkers' Compensation Administrative Law JudgeMedical TreatmentOut of Pocket Medical ExpensesAttorney's FeesRetroactive Requests for AuthorizationsUtilization Review
References
Case No. ADJ7196730, ADJ7054620
Regular
Sep 09, 2013

PATRICK ADAMS vs. FRESNO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted Patrick Adams' petition for reconsideration regarding his denied cumulative trauma heart injury claim against Fresno Unified School District. The WCJ had previously found the applicant's heart attack resulted from pre-existing conditions, not work stress. The Board found the medical evidence deficient, specifically regarding the applicant's job stress, and remanded the case for further development of the record. This includes requiring supplemental reports from the medical experts focusing solely on the inherent stress of the special education teaching role and its potential contribution to the cardiac condition.

Workers' Compensation Appeals BoardPetition for ReconsiderationCumulative TraumaCardiac ConditionSpecial Education TeacherOccupational StressMedical ExpertsPanel Qualified Medical ExaminerPsychiatric EvaluationFurther Development of Record
References
Case No. ADJ11085852
Regular
Nov 02, 2018

DEONTE WALKER vs. CITY AND COUNTY OF SAN FRANCISCO, INTERCARE HOLDINGS INSURANCE SERVICES

The applicant sought removal of a Notice of Hearing alleging prejudice from a full-day trial instead of an expedited hearing for his admitted industrial injury to the psyche and stress. The Workers' Compensation Appeals Board (WCAB) denied the petition, emphasizing that removal is an extraordinary remedy requiring a showing of irreparable harm. The WCAB found that the scheduled trial was justified by the complexity and witness testimony, and an expedited hearing was not guaranteed to be earlier. Therefore, the applicant failed to demonstrate significant prejudice or irreparable harm.

Petition for RemovalIndustrial InjuryPsycheStressWCJNotice of HearingExpedited HearingFull-Day TrialSignificant PrejudiceIrreparable Harm
References
Case No. ADJ9365063
Regular
Dec 30, 2016

SABRINA RICCIO vs. STATE COMPENSATION INSURANCE FUND, legally uninsured, adjusted by, THE HARTFORD

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that the applicant's psyche injury was not predominantly caused by actual employment events and that her internal injuries were not compensable as they were caused by stress. The Board affirmed the WCJ's findings, clarifying that the physical injury (heart attack) caused the psychiatric injury, making the heart attack compensable as a physical injury. The Board also distinguished this case from situations where a physical condition is solely the result of a non-compensable psychiatric injury.

AOE/COEpsychiatric injuryphysical injurystresscausation of injurycausation of disabilityapportionmentcompensable consequencemental-physical injuryLabor Code § 3208.3
References
Case No. ADJ10657949, ADJ10658047
Regular
Aug 26, 2019

LARRY DAVIS, JR. (Deceased), LYNDA DAVIS vs. PERRIS UNION HIGH SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board denied Lynda Davis's petition for reconsideration, affirming the finding that her deceased husband, Larry Davis Jr., did not sustain industrial injuries leading to his death. The Board found no industrial causation for death benefits, chest, shoulder, stress, or heart attack claims, despite the applicant's contention of error and request for a psychiatric QME panel. The Board agreed with the administrative law judge that the applicant failed to meet her burden of proving industrial causation by a preponderance of the evidence.

Workers' Compensation Appeals BoardADJ10657949ADJ10658047Lynda DavisLarry Davis Jr. (Deceased)Perris Union High School DistrictKeenan & AssociatesJoint Findings and OrderPetition for ReconsiderationWCJ
References
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