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

Case No. ADJ7371382
Regular
Jun 02, 2014

EARL SMITH vs. TIME WARNER CABLE; CHARTIS, administered by ACE USA

This case involves a worker claiming psychiatric injury. The defendant seeks to dismiss the claim based on the "good faith personnel action" defense under Labor Code section 3208.3(h). The Workers' Compensation Appeals Board (WCAB) granted reconsideration because the administrative law judge (WCALJ) failed to address the elements of this defense. The WCAB rescinded the previous findings and returned the case for further proceedings, requiring the WCALJ to specifically address whether the personnel actions were lawful, nondiscriminatory, and in good faith, and if they substantially caused the injury.

Workers' Compensation Appeals BoardPsychiatric injuryLabor Code section 3208.3(h)Good faith personnel actionPetition for ReconsiderationFindings of FactWCJPanel Qualified Medical ExaminerPredominant causeSubstantial cause
References
3
Case No. ADJ6603653
Regular
Mar 29, 2010

PEGGY MILLER vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

This case concerns applicant Peggy Miller's claim for a psychiatric injury allegedly arising from a verbal dispute with her supervisor over medication administration. The Workers' Compensation Appeals Board (WCAB) denied her petition for reconsideration of a prior finding that her injury was not compensable. The WCAB majority adopted the judge's report concluding the incident was a lawful, non-discriminatory, good faith personnel action and not a compensable industrial injury. However, one commissioner dissented, arguing the supervisor's directive to administer medication contrary to physician's orders was unlawful, thus not a "lawful, nondiscriminatory, good faith personnel action" under Labor Code section 3208.3(h).

Workers' Compensation Appeals BoardPsychiatric injuryVerbal exchange24 hour clockMedication administrationShift supervisorPersonnel actionLawfulNondiscriminatoryBad faith
References
1
Case No. ADJ9700517
Regular
Oct 05, 2018

JEANNE WILLIAMS vs. CITY OF LOS ANGELES

The Appeals Board rescinded the prior award and returned the case to the trial level for further proceedings. The Board found the original decision on the good faith personnel action defense was unclear and required further development. Specifically, the WCJ must clarify which events constituted lawful, nondiscriminatory, good faith personnel actions. The parties will then need to re-address whether these specific actions were a substantial cause of the applicant's psychiatric injury with the medical evaluator.

Workers' Compensation Appeals BoardPSYCHE INJURYGOOD FAITH PERSONNEL ACTIONLABOR CODE §3208.3(H)TEMPORARY DISABILITYPANEL QUALIFIED MEDICAL EVALUATOR (PQME)DR. ELATROZYROLDA ANALYSISSUBSTANTIAL CAUSELAWFUL PERSONNEL ACTION
References
6
Case No. ADJ838713 (VNO 0552616)
Regular
Apr 29, 2010

CAROL SERNA-TORRES vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration of an award finding the applicant suffered a cumulative psychiatric injury due to industrial stressors. Defendant argued the initial finding failed to properly analyze whether the injury was substantially caused by lawful, good faith personnel actions. The Board rescinded the award, remanding the case to determine if personnel actions were the predominant cause of the applicant's injury under *Rolda v. Pitney Bowes*. The WCJ must now specifically identify and analyze any personnel actions for lawfulness, nondiscrimination, and good faith.

Cumulative traumaPsychiatric injuryGood faith personnel actionsRolda v. Pitney BowesLabor Code section 3208.3Predominant causeCausationActual events of employmentPQMEPanel Qualified Medical Evaluator
References
5
Case No. ADJ3435222
Regular
Sep 08, 2015

Keith Whitmore vs. Metropolitan State Hospital

This case concerns applicant Keith Whitmore's claim for a psychiatric injury allegedly caused by cumulative trauma and personnel actions at Metropolitan State Hospital. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior finding that barred his claim under Labor Code section 3208.3(h), which exempts injuries caused by lawful, good faith personnel actions. The WCAB found that the defendant hospital failed to meet its burden of proving its personnel actions were lawful, non-discriminatory, and in good faith, overturning the prior decision. Therefore, the WCAB found that Whitmore sustained an industrial injury to his psychological system, though his claims for neurological and central nervous system injuries were not disturbed.

Labor Code section 3208.3(h)good faith personnel actionscumulative trauma injurypsychiatric injurypsychiatric technicianMetropolitan State HospitalPanel Qualified Medical EvaluatorDepressive Disorder Not Otherwise Specifiedoccupational group number 311Workers' Compensation Appeals Board
References
5
Case No. ADJ11641128 ADJ11641129
Regular
Jan 27, 2023

DONNA PUGA vs. SEDGWICK CLAIMS MANAGEMENT SERVICES, PROPERTY & CASUALTY INSURANCE COMPANY OF HARTFORD

The Workers' Compensation Appeals Board affirmed a prior award finding the applicant sustained a compensable psychiatric injury AOE/COE. The Board found the applicant's supervisor's alleged harassment, humiliation, and hostile work environment, causing 45% of the psychiatric injury, were not "good faith personnel actions" under Labor Code § 3208.3(h). Furthermore, even if personnel actions caused 30% of the injury, the defendant failed to prove they were lawful, nondiscriminatory, and in good faith. Therefore, the Board denied the defendant's petition for reconsideration.

Labor Code section 3208.3psychiatric injuryAOE/COEgood faith personnel actionRolda analysispredominant causeQMEJoint Findings and AwardWorkers' Compensation Appeals BoardReconsideration
References
10
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
0
Case No. MISSING
Regular Panel Decision

Claim of Mattoon v. New York State Department of Labor

Claimant, an agency services representative with the Department of Labor, ceased employment in December 1993 due to work-related stress causing depression, posttraumatic stress disorder, and generalized anxiety disorder. Her claim for workers’ compensation benefits was denied by the Workers’ Compensation Board, which found that her inability to cope with work resulted from lawful, good-faith personnel decisions by the employer, as per Workers’ Compensation Law § 2 (7). Claimant appealed, contending that the Board's determination was unsupported by substantial evidence and that her reassignment to a stressful position was not in good faith. The court affirmed the Board's decision, concluding that the employer's actions constituted a lawful personnel decision undertaken in good faith.

Workers' CompensationPsychic InjuryWork-Related StressDepressionPTSDAnxietyLawful Personnel DecisionGood FaithJob ReassignmentAppeal
References
4
Case No. ADJ7219585
Regular
Jul 06, 2015

Barbara Miljkovic vs. Southern California Edison

The Workers' Compensation Appeals Board denied Barbara Miljkovic's petition for reconsideration, affirming the Administrative Law Judge's (ALJ) decision. The Board found no industrial injury from alleged asbestos exposure, based on medical reports showing no evidence of asbestos-induced lung disease. Furthermore, the Board determined that Miljkovic's psychiatric injury was barred by Labor Code Section 3208.3(h) because the employer's personnel actions, while potentially harsh, were lawful, non-discriminatory, and conducted in good faith. The Board clarified that good faith personnel actions constituted 50% of the cause of the psychiatric injury, consistent with case law.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportSan Francisco Unified School District v. Workers' Comp. Appeals Bd. (Cardozo)psychiatric injurygood faith personnel actionsLabor Code Section 3208.3(h)asbestosisreactive airways diseaseRolda v. Pitnew Bowles
References
4
Case No. ADJ10221687
Regular
Nov 13, 2020

LEONORE MUNOZ vs. DEPARTMENT OF CORRECTIONS

Here's a summary of the case for a lawyer in four sentences: The Appeals Board reversed a Workers' Compensation Judge's decision, finding that the applicant's psychiatric injury was not substantially caused by lawful, nondiscriminatory, good faith personnel actions. While the applicant experienced distress from work-related events, including a counseling memo and an email announcing a meeting, the Board determined that the email was not a "personnel action" under Labor Code section 3208.3(h). Therefore, the employer's defense that the injury stemmed solely from such actions failed, making the psychiatric injury compensable. The Board rescinded the prior order and substituted a finding that the injury is compensable and not barred by the personnel action defense.

Workers' Compensation Appeals BoardPsychiatric InjuryGood Faith Personnel ActionLabor Code Section 3208.3(h)ReconsiderationCausationPQMEIndustrial StressorsCounseling MemoPersonnel Action
References
11
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