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

Case No. ADJ9320374

Regular

Jul 29, 2016

KURT KENDELL vs. COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT

This case concerns a county probation officer's claim for psychiatric injury. The applicant alleged his injury stemmed from perceived bad faith personnel actions by his supervisor, including excessive report editing and workload issues. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award, finding the medical evidence regarding causation and the "good faith personnel action" defense was insufficient. The matter was returned to the trial level for further proceedings to develop the record, potentially through an Agreed Medical Examiner or a court-appointed physician, to clarify the causal relationship and the nature of the employer's actions.

Psychiatric injuryGood faith personnel action defenseLabor Code section 3208.3(h)Predominant causeSubstantial evidencePanel Qualified Medical Examiner (PQME)Rolda analysisActual events of employmentLawful nondiscriminatoryMedical probability

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. ADJ6596343

Regular

May 16, 2018

GARY GOBIN vs. INTEL CORPORATION

The Appeals Board rescinded the WCJ's decision and returned the case for further development, finding the WCJ erred by deferring the determination of whether personnel actions were a substantial cause of the psychiatric injury to the medical evaluator. The Board noted that the applicant's psychiatric injury likely stemmed from job stressors predating the employer's subsequent personnel actions. Competent medical evidence is required to distinguish causation of injury from causation of permanent disability, and the applicant's injury may have been caused by inability to adapt to workload demands before personnel actions were taken.

Workers' Compensation Appeals BoardGary GobinIntel Corporationcumulative traumapsyche injurygood faith personnel actionsLabor Code section 3208.3(h)Panel Qualified Medical Evaluator (PQME)Dr. Alberto LopezRolda v. Pitney Bowes

References

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KURT KENDELL vs. COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT

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

GARY GOBIN vs. INTEL CORPORATION