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

Case No. ADJ9674255
Regular
Jul 10, 2017

YAN LIU vs. HAWAIIAN GARDENS CASINO, INSURANCE COMPANY OF THE WEST

This case concerns an applicant who alleges both orthopedic and psychiatric injuries from her employment as a casino dealer. While the Board affirmed the finding of orthopedic injury, it deferred the issue of psychiatric injury. The Board clarified that Labor Code § 4660.1(c) does not bar psychiatric claims arising directly from employment events, but it requires a medical apportionment of causation between direct psychiatric injury and injury as a consequence of physical injury. The matter was returned to the trial level for further development of the record regarding the psychiatric injury and its apportionment.

AOE/COELabor Code Section 4660.1(c)psychiatric injurycompensable consequenceviolent actsubstantial medical evidencetreating physicianQMEcontinuous traumaharassment
References
10
Case No. ADJ8674800 ADJ8674808 ADJ8674815
Regular
Jul 10, 2015

SHIMO WANG vs. SOUTHERN CALIFORNIA EDISON

The Workers' Compensation Appeals Board rescinded the prior finding that applicant did not suffer a heart injury arising out of and in the course of employment. The Board found the cardiologist's report insubstantial and remanded for further proceedings to develop the record on industrial causation. It clarified that the "good faith personnel action" defense applies to psychiatric injuries, not directly to physical injuries like heart conditions, unless the physical injury is a direct and sole consequence of a non-compensable psychiatric injury.

Workers' Compensation Appeals BoardShimo WangSouthern California EdisonAOE/COEheart attackcoronary syndromesQME cardiologistQME psychiatristadjustment disordergood faith personnel action
References
6
Case No. MISSING
Regular Panel Decision

Claim of Kessler v. Fairmont Theater, Inc.

Claimant, employed for two days in 1986 as a projectionist, sought workers' compensation benefits for psychiatric injury and eye injury. He alleged harassment from his employer and supervisor caused a nervous breakdown, and projector light injured his eyes. The Workers’ Compensation Law Judge dismissed the psychiatric injury claim but found prima facie evidence for vision impairment, remitting that part for further development. The Workers’ Compensation Board subsequently ruled against the psychiatric trauma claim, a decision supported by employer and supervisor testimony denying harassment and claimant's psychiatrist confirming prior psychiatric issues. The appellate court affirmed the Board's decision, concluding that it was based on substantial evidence and that issues of credibility are within the Board's purview.

Psychiatric InjuryNervous BreakdownEye InjuryEmployment TerminationIntoxicationHarassmentCredibilitySubstantial EvidenceWorkers' Compensation BenefitsAppellate Review
References
2
Case No. ADJ9914916
Regular
Feb 22, 2017

RUSSELL MADSON vs. MICHAEL J. CAVALETTO RANCHES, ZENITH INSURANCE COMPANY

This case concerns an applicant who sustained a psychological injury after a severe truck rollover accident. The Workers' Compensation Appeals Board (WCAB) overturned a prior ruling that denied permanent disability for the psychological injury. The WCAB found that Labor Code section 4660.1(c), which limits psychiatric disability awards arising from physical injuries, did not apply because the psychiatric injury was directly caused by the traumatic events of employment. Furthermore, the Board determined the accident itself constituted a "violent act," qualifying for an exception to section 4660.1(c) and entitling the applicant to compensation for his psychiatric impairment, ultimately awarding 60% permanent disability.

AOE/COELabor Code section 4660.1(c)violent actreconsiderationpsychiatric permanent disabilitymotor vehicle accidentcatastrophic injuryPTSDGAF scoreQME
References
6
Case No. ADJ9625221
Regular
Nov 02, 2019

MATEO LOPEZ vs. SOUTH STATE TOWING, THE HARTFORD, administered by MATRIX ABSENCE MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) rescinded a prior award finding applicant sustained injury AOE/COE, including a psychiatric component, due to a "violent act." The Board determined the applicant's fall from a truck, while assisting a tow, did not meet the legal definition of a "violent act." Due to newly issued precedent regarding the "catastrophic injury" exception under Labor Code section 4660.1(c)(2)(B), the case was returned to the trial level for further proceedings to assess this alternative basis for an increased psychiatric impairment rating. The WCAB also noted a need to clarify whether the psychiatric injury was a direct result of employment events or a consequence of the physical injury.

AOE/COEViolent ActLabor Code Section 4660.1(c)(2)(A)Psychiatric InjuryPermanent DisabilityAggravationAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Depressive DisorderWhole Person Impairment
References
12
Case No. ADJ9474687
Regular
Jun 14, 2019

GUSTAVO NIEVES UGALDE vs. ROCKWELL DRYWALL, INC., STARR INDEMNITY, adjusted by YORK RISK MANAGEMENT GROUP

The Workers' Compensation Appeals Board (WCAB) rescinded the prior award and remanded the case for further proceedings, finding the applicant's psychiatric injury was a consequence of his physical injury, not directly from a violent act. The Board determined the applicant's fall from stilts, while accepted as industrial, did not meet the legal definition of a "violent act" required for an increased psychiatric impairment rating under Labor Code § 4660.1(c)(2)(A). Therefore, the case must be returned to allow the WCJ to first determine if the injury qualifies as "catastrophic" under § 4660.1(c)(2)(B) for potential increased psychiatric rating. The WCAB acknowledged the applicant's credible testimony regarding the use of stilts and the psychiatric QME's opinion on causation but found the issue of a "violent act" was not sufficiently established.

AOE/COEViolent ActCompensable ConsequencePsychiatric InjuryPermanent DisabilityReconsiderationFindings and AwardMedical EvaluatorVocational ExpertLabor Code Section 4660.1
References
11
Case No. ADJ1279352
Regular
Nov 18, 2010

WARREN BARNA vs. PACIFIC TUBE, ST. PAUL TRAVELERS, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of an award finding them liable for an applicant's psychiatric injury. The applicant had previously settled orthopedic claims and a cumulative trauma claim. The Appeals Board granted reconsideration to amend the original decision, adding specific findings required by Labor Code section 4751 regarding the applicant's pre-existing psychiatric disability and the compensable industrial psychiatric injury. The Board affirmed the original finding of liability against the SIBTF, while clarifying the applicant's eligibility for SIBTF benefits and addressing the issue of potential offsets.

Subsequent Injuries Benefits Trust Fundpsychiatric disabilitypre-existing disabilityindustrial injurypermanent partial disabilityLabor Code section 4751Workers' Compensation Appeals Boardreconsiderationcumulative traumaspecific injury
References
0
Case No. ADJ3135090 (SAC 0355157) ADJ6834808
Regular
Sep 12, 2019

GUY LEE vs. UOP/MCGEORGE SCHOOL OF LAW, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board affirmed the WCJ's decision denying benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). Applicant's prior stipulation dismissing claims for sleep disturbance, sexual dysfunction, and psychiatric injury bound him from pursuing these for SIBTF benefits. Even without those dismissals, applicant's permanent disability rating for the subsequent injury, after adjustments, did not meet the 35% threshold required for SIBTF eligibility. The WCJ's finding that the industrial injury was not the predominant cause of the claimed psychiatric injury also contributed to the denial.

Subsequent Injuries Benefits Trust FundLabor Code section 4751permanent partial disabilitystipulated dismissalpredominant causepsychiatric injurybilateral carpal tunneldiminished future earning capacityWCJWorkers' Compensation Appeals Board
References
4
Case No. ADJ12248957
Regular
Oct 06, 2025

QUINTON THORN vs. FORBIX CAPITAL CORP.; EMPLOYERS COMPENSATION INSURANCE FUND; THE HARTFORD

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's finding that applicant Quinton Thorn's psychiatric claim was barred by a post-termination defense. The Board determined the WCJ incorrectly applied Labor Code Section 3600(a)(10) instead of Section 3208.3(e) for psychiatric injuries. Applicant alleged psychiatric injury from sexual harassment and discrimination based on gender identity during his employment with Forbix Capital Corp. The Board rescinded the WCJ's findings and remanded the case to the trial level, directing the WCJ to properly analyze the post-termination defense, the date of injury, and consider the good faith personnel action defense if raised.

Workers' Compensation Appeals BoardReconsiderationFindings of FactLabor Code Section 3600(a)(10)Labor Code Section 3208.2(c)Labor Code Section 3208.3(c)Labor Code Section 3208.3(e)Psychiatric InjuryPost-Termination DefenseGender Identity Discrimination
References
17
Case No. ADJ10275361
Regular
Jan 27, 2020

RUSSELL MCFADDEN (deceased); RENEE MCFADDEN, JAZMINE MCFADDEN, and RUSSELL MCFADDEN, II vs. KEOLIS TRANSIT AMERICA; LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a judge's decision denying a death benefit claim for Russell McFadden, who died by suicide. The applicant contended his death resulted from an industrial psychiatric injury due to occupational stress. Medical evidence indicated that industrial factors were only a 35% cause of the decedent's psychiatric disorder, with significant pre-existing conditions and drug use being the predominant causes. Furthermore, the Board found no evidence that the suicide was an irresistible impulse, distinguishing it from cases where an industrial injury directly causes a mental condition that prevents resistance to suicide. Therefore, the claim was denied based on the psychiatric injury not being predominantly industrially caused and the suicide not meeting the criteria for compensability.

Workers Compensation Appeals BoardRenee McFaddenKeolis Transit AmericaLiberty Mutual Insurance CompanyADJ10275361Opinion and Decision After ReconsiderationIndustrial Psychiatric InjuryOccupational Stress and StrainCompensable Death ClaimLabor Code Section 3600(a)(6)
References
6
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