Workers' Compensation

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. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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Cedars-Sinai Health System, PSI, administered by Tristar Risk Management, Petitioner v. Workers' Compensation Appeals Board, Sheila Newton, Respondents,, Lexis Advance

Psychiatric Injury—Good Faith Personnel Actions—WCAB, affirming WCJ in split panel decision, held that applicant/registered nurse suffered compensable cumulative psychiatric injury, and that applicant’s psychiatric claim was not barred by good faith personnel action defense in Labor Code § 3208.3(h), when WCAB, applying analysis in Rolda v. Pitney Bowes (2001) 66 Cal. Comp. Cases 241 (Appeals Board en banc opinion) and relying on agreed medical evaluator’s opinion, found that (1) applicant’s depressive disorder was predominantly caused by actual events of her employment and substantially resulted from 12/4/2008 meeting called in response to complaints about applicant by coworkers, during which applicant was told by director of nursing that she should consider retiring since she was in “sunset of her career”...

Liberty Mutual Insurance Company, insurer for Collins Plumbing, Inc., Petitioner v. Workers' Compensation Appeals Board, Greg Erne (Dec'd), Ceri Erne (Widow), Respondents,, Lexis Advance

Petitions for Writ of Review—Final Orders—Court of Appeal dismissed petition for writ of review because petitioner was appealing WCAB decision, which rescinded WCJ’s decision finding that applicant plumber sustained industrial cardiac injury and related death in 2010…


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