CA: WCAB Rejects Limitation of Deposition Questions When Applicant Claimed Psychiatric Injury

Quintella Eutsey v. City & County of San Francisco, PSI Discovery—Depositions—Psychiatric Injuries—WCAB, granting defendant ' s petition for removal, held that WCJ ' s order denying defendant ' s petition to compel deposition testimony impermissibly curtailed defendant...

California Workers' Compensation Cases Roundup 11/30/2010

CALIFORNIA COMPENSATION CASES Vol. 75, No. 11 November 2010 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 Appellate Court Compensation Cases ...

Cal. Comp. Cases December Advanced Postings (12/7/2010)

Here’s the second batch of advanced postings for the December 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and summaries. Advantage Workers' Compensation Insurance Company, insurer for Mullen & Filippi, adjusted by Pinnacle...

California: Can a Psychiatric Injury Be Filed “Post-Termination” Where the Employee First Becomes Aware of Her Injury After Her Termination?

It may not be well known, but both Labor Code Section 3600 (a)(10) and Labor Code Section 3208.3 (e)(5) contain provisions that exempt their application to those claims where the date of injury is determined in accordance with Labor Code Section 5412 . Labor Code Section 3600 (a) states: “...

The Real McCoy: Is a “Mental-Physical” Injury Compensable?

How the California 4th DCA Muddies the Water in County of San Bernardino vs. WCAB (McCoy) 203 Cal. App.4th 1469 , 138 Cal. Rptr.3d 328, 77 Cal. Comp. Cases 219 (2012) By Robert G. Rassp, Esq. An employee has a pre-existing history of migraine headaches. He gets a job with the County of San Bernardino...

The Real McCoy: Is a “Mental-Physical” Injury Compensable?

How the California 4th DCA Muddies the Water in County of San Bernardino vs. WCAB (McCoy) 203 Cal. App.4th 1469 , 138 Cal. Rptr.3d 328, 77 Cal. Comp. Cases 219 (2012) By Robert G. Rassp, Esq. An employee has a pre-existing history of migraine headaches. He gets a job with the County of San Bernardino...

WCAB Not Swept Away by Injured Worker’s Argument for Housekeeping Services: Cal. Comp. Cases August Advanced Postings (8/1/2012)

Here’s the first batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summary. © Copyright 2012 LexisNexis. All rights reserved. Sharon Dunnigan , Petitioner v. Workers' Compensation...

Split Panel Finds Being Struck by Basketball Was Not Extraordinary Event: Cal. Comp. Cases October Advanced Postings (10/10/2012)

Here’s the third batch of advanced postings for the October 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnote and summary . © Copyright 2012 LexisNexis. All rights reserved. Araceli Guadarrama , Petitioner v. Workers' Compensation...

Judge's Questioning of Co-Worker, Who Compared Applicant's Personality to Gordon Ramsay's, Didn't Deprive Applicant of Fair Trial

This noteworthy California WCAB panel decision will be added to the LexisNexis Services. Psychiatric Injury; Predominant Cause Requirement; Good Faith Personnel Actions. California WCAB affirmed WCJ’s finding that applicant/regional sales manager did not sustain a compensable psychiatric injury...

California Workers' Comp Case Roundup (6/7/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 5 May 2013 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 2013 LexisNexis. All rights...

No Apportionment of Psychiatric Disability for Spouse’s Gambling, Lack of Job: Cal. Comp. Cases August Advanced Postings (8/16/2013)

Here’s the third batch of advanced postings for the August 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Diane Gomez , Petitioner v. Workers'...

FEHA Settlement Didn’t Preclude TTD Award: Cal. Comp. Cases November Advanced Postings (10/22/2013)

Here’s the first batch of advanced postings for the November 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All rights reserved. Zurich North America, insurer...

Missouri: Prior Psych Condition Supports SIF Total from Break Room Accident

The court of appeals affirmed an award of total disability benefits against the second injury fund benefits based in part on claimant's significant pre-existing psychiatric disabilities. Blackshear v Adecco , ED 100251 (Mo. App. 2014), 2014 MO App Lexis 157 (2-18-2014) (lexis.com) 2014 MO App Lexis...