Workers' Compensation

Compensable Psychiatric Injury as a Result of Harassment by Co-Worker: Cal. Comp. Cases March/April Advanced Postings (3/24/2016)

Here’s the latest batch of advanced postings for Cal. Comp. Cases.

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

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City of Santa Barbara, PSI, administered by JT2 Integrated Resources, Petitioner v. Workers' Compensation Appeals Board, Margarita Sanchez, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Psychiatric Injury—Workplace Harassment—WCAB, reversing WCJ, held that applicant accounting assistant sustained compensable psychiatric injury as result of harassment by co-worker with whom applicant also had longstanding personal relationship, when qualified medical evaluator opined that 80 percent of applicant’s psychiatric injury was caused by harassment, and, despite defendant’s assertion that harassment by co-worker did not constitute…

Santa Clara Valley Transportation Authority, PSI, administered by Tristar Risk Management, Petitioner v. Workers' Compensation Appeals Board, Ralph LaRue, Respondents, lexis.com, Lexis Advance

Liens—Employment Development Department—WCAB rescinded WCJ’s finding that Employment Development Department was entitled to $2,300 reimbursement on its lien against applicant’s permanent disability indemnity and remanded matter for further development of record regarding whether…

Keith Kennard, Petitioner v. Workers' Compensation Appeals Board, Kaiser Foundation Hospital, PSI, administered by Sedgwick CMS, Respondents, lexis.com, Lexis Advance

Injury to Psyche AOE/COE—WCAB held that applicant did not meet burden of showing he sustained injury AOE/COE to psyche under Labor Code § 3208.3 in period through 5/25/2012 from his work for employer as data analyst, when WCAB found that…

Oakland Unified School District, PSI, administered by Hazelrigg Claims Management, Petitioner v. Workers' Compensation Appeals Board, Glenda Hammonds (Dec'd), Estate of Glenda Hammonds, Respondents, lexis.com, Lexis Advance

Permanent Disability—Apportionment—WCAB awarded deceased applicant’s estate 100 percent accrued permanent disability, when WCAB found that deceased applicant sustained injury AOE/COE to both knees on 5/21/2003 while working for defendant as school teacher, WCAB approved stipulations with request for award, which included award for 42 percent permanent partial disability, that applicant filed timely petition to reopen award based on…

South Coast Air Quality Management District, PSI, Adminsure Diamond Bar, third-party administrator, Petitioner v. Workers' Compensation Appeals Board, Barbara Beck, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—Applicant’s Credibility—WCAB held that applicant sustained injury AOE/COE on 10/22/2004 while working for employer as public information specialist, based on applicant’s hearing testimony, which WCAB found was…

Maria Jose Chevez, Petitioner v. Workers' Compensation Appeals Board, SAP America, Inc., AIG, Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Dismissal—Non-Final WCAB Orders—Court of Appeal dismissed premature petition for writ of review because petitioner was not appealing final WCAB order or decision as required by Labor Code §§ 5900 and 5901, when applicant was…

Hughes Aircraft, Wausau Insurance Company, Beaverton, Petitioners v. Workers' Compensation Appeals Board, Bernard Billik, Respondents, lexis.com, Lexis Advance

WCAB Decisions—Res Judicata Effect—Medical Treatment—UR/IMR Applicability—Court of Appeal denied petition for writ of review of WCAB decision, noting that final WCAB decisions are entitled to res judicata effect, when petitioner was…

Honeywell International, Inc., XL Specialty Insurance Company, administered by Matrix Absence Management, Inc., Petitioners v. Workers' Compensation Appeals Board, William Cronin, Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Dismissal—Non-Final WCAB Orders—Court of Appeal dismissed premature petition for writ of review because petitioner was not appealing final WCAB order or decision as required by Labor Code §§ 5900 and 5901, when defendant was appealing WCAB decision holding that…