Five Recent Cases You Should Know About (11/19/2010)

Larson's Spotlight on Psychiatric Injury, Domestic Servant, Tort Claim, Employee Status, and LHWCA Coverage. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

California: Judicial Factors of Consideration in Assessing Substantial Causation of Injury From Good Faith Personnel Actions

David Bryan Leonard, Esq. In San Francisco Unified School District v. W.C.A.B. (2010) 190 Cal. App. 4th 1, [ 117 Cal. Rptr. 3d 824, 2010 Cal. App. LEXIS 1943 ] , the Court concluded that all injurious factors, industrial and non-industrial, must be considered by the Court when determining whether...

Cal. Comp. Cases August Advanced Postings (8/18/2011)

Here’s the third batch of advanced postings for the August 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. City of Santa Clara, PSI, Petitioner v. Workers' Compensation Appeals...

Cal. Comp. Cases October Advanced Postings (9/29/2011)

Here’s the first batch of advanced postings for the October 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Charter Oak Unified School District, PSI, York Insurance Services Group...

Cal. Comp. Cases October Advanced Postings (9/29/2011)

Here’s the first batch of advanced postings for the October 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Charter Oak Unified School District, PSI, York Insurance Services Group...

HR Manager’s Widow Denied Death Benefits: Cal. Comp. Cases November Advanced Postings (11/16/2011)

Featured Case of the Week: HR Manager’s Widow Denied Death Benefits © Copyright 2011 LexisNexis. All rights reserved. Kathleen Brezensky (Widow) and Chester Brezensky (Dec'd) , Petitioners v. Workers' Compensation Appeals Board, Lockheed Martin, PSI, administered by ESIS, Respondents...

Idiopathic Seizures in a Post-SB 899 World: Cal. Comp. Cases January Advanced Postings (1/13/2012)

Here’s the second batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. FEATURED CASE: IDIOPATHIC SEIZURES IN A POST-SB 899 WORLD Lexis.com subscribers can link to the case to read the complete summary. Harris Ranch Inn & Restaurant, PSI, administered by Acclamation...

NCCI-Mandated Assigned Risk Policy Plain Language Upheld: Cal. Comp. Cases January Advanced Postings (1/18/2012)

Here’s the third batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. FEATURED CASE: NCCI-MANDATED ASSIGNED RISK POLICY PLAIN LANGUAGE UPHELD Lexis.com subscribers can link to the case to read the complete summary. Ardis Kemp, Brenda Kemp, dba ABCO Distribution, Petitioners...

California: Labor Code Section 3208.3(h) Applied to Migraine Headaches

The 4th District Court of Appeal has issued a decision on an issue which has been pending in an unresolved fashion since the early 1990s when Labor Code § 3208.3 was amended to provide that injuries arising from lawful good faith personnel actions. In County of San Bernardino v W.C.A.B. (McCoy)...

California: Court Rules Labor Code Section 3208.3 Burden of Proof Falls on Applicant

The Second District Court of Appeals has reversed a W.C.A.B. award of psychiatric injury for an employee with less than 6 months employment and in doing so has provided valuable additional guidance on the criterion for meeting the statutory exception to the 6 month limitation on such injuries and the...

California: Court Rules Labor Code Section 3208.3 Burden of Proof Falls on Applicant

The Second District Court of Appeals has reversed a W.C.A.B. award of psychiatric injury for an employee with less than 6 months employment and in doing so has provided valuable additional guidance on the criterion for meeting the statutory exception to the 6 month limitation on such injuries and the...

California Workers' Comp Case Roundup (5-4-2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 4 April 2012 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2012 LexisNexis. All rights reserved...

Res Judicata Barred Petition to Reopen for New and Further Psychiatric Disability: Cal. Comp. Cases June Advanced Postings (6/7/12)

Here’s the second batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Laura Matook , Petitioner v. Workers' Compensation...

California: 26 Noteworthy Panel Decisions You Should Know About (January-June 2012)

Here are the publisher's picks for the top noteworthy panel decisions recently reported in the LexisNexis services. The list is based upon feedback from our consultants about current topics and issues that are of interest to the entire workers’ compensation community. Lexis.com subscribers...

West Virginia: Rush of Air, Dust, Debris From Explosion Satisfied “Physical” Component for PTSD Claim

West Virginia is within the group of states that does not allow recovery of workers’ compensation benefits for mental-mental injuries [see W. Va. Code § 23-4-1f (2013)]. Affirming a decision by the state’s Board of Review, the state’s Supreme Court of Appeals recently affirmed...

California: Home Health Care in the Context of a Psychiatric Injury

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance . On September 30, 2013, a panel of three commissioners with the Workers’ Compensation Appeals Board (WCAB) denied a request to reconsider a Workers’ Compensation Administrative Law...

California: The Good Faith Personnel Action Defense

Recent cases remind us that there’s a multi-level process as enunciated in Rolda [66 CCC 241] to determine whether a psychiatric claim is barred by the good faith personnel action defense under LC 3208.3(h). The defendant, using expert medical evidence, must show that a personnel action (or actions...

Airplane Head Injury, Zone of Danger, Sudden and Extraordinary: Cal. Comp. Cases January Advanced Postings (1/15/2014)

Here’s the third batch of advanced postings for the January 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. SNCC for Lam Research Corporation...

Comments Targeting Older Worker Derail Good Faith Personnel Action Defense: Cal. Comp. Cases May Advanced Postings (5/9/2014)

Here’s the third batch of advanced postings for the May 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Cedars-Sinai Health System, PSI, administered...

Strict AMA Guides WPI of Zero Percent Rebutted in Ortho/Psyche Case: Cal. Comp. Cases August Advanced Postings (8/20/2014)

Here are the second and third batch of advanced postings for the August 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Bank of America, PSI, adjusted...

Guillain-Barre Syndrome Not Deemed Sudden and Extraordinary Employment Condition: Cal. Comp. Cases September Advanced Postings (9/18/2014)

Here’s the fourth batch of advanced postings for September 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. John Aresco, Petitioner v. Workers'...

Medical Evidence Alone of Inability to Compete in Open Labor Market Could Not Rebut Permanent Disability Rating: Cal. Comp. Cases October Advanced Postings (10/10/2014)

Here’s the third batch of advanced postings for the October 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Sonia Morris , Petitioner v. Workers'...

California: Psychiatric Compensable Consequence as a New and Further Injury

In Woodward v. Tri Corp Construction , 2014 Cal. Wrk. Comp. P.D. LEXIS —, the WCAB panel, affirming the WCJ, found good cause existed under Labor Code § 5410 to reopen the applicant’s 1/26/2011 Stipulated Award and to find that the applicant sustained a psychiatric injury as a compensable...

California: Dual Employment and the Six-Month Employment Requirement

WCAB protects temporary and leased employees from shifting general and special employers who could game the system to avoid potential liability In Martinez v. Mass Precision , 2014 Cal. Wrk. Comp. P.D. LEXIS –, a split panel WCAB affirmed the WCJ’s determination and held that the applicant’s...

Psyche Injury Known to Exist Prior to Issuance of Stipulated Awards Was Not New and Further Disability: Cal. Comp. Cases December Advanced Postings (11/21/2014)

Here’s the first batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Hugo Bolanos, Petitioner v. Workers'...