Workers' Compensation

Recent Posts

Evaluators of Psychiatric Injury Lacked Relevant Medical Records, Personnel File, Materials From Workplace Investigation: Cal. Comp. Cases January Advanced Postings (12/23/2014)
Posted on 23 Dec 2014 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the January 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights... Read More

Supervisor’s Verbal Attack on Applicant Was Not Disciplinary or Correction Action: Cal. Comp. Cases December Advanced Postings (11/17/2015)
Posted on 18 Nov 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the December 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More

California: Panel Confirms That Not All Actions Taken by an Employer Will Constitute “Personnel Actions”
Posted on 26 Jul 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Ferrell v. County of Riverside , 2016 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel affirmed the WCJ’s findings that the applicant suffered injury AOE/COE to her psyche while employed as a community improvement specialist from 7/12/2011 to 11/22... Read More

FEHA Settlement Didn’t Preclude TTD Award: Cal. Comp. Cases November Advanced Postings (10/22/2013)
Posted on 22 Oct 2013 by California Compensation Cases Staff

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... Read More

Good-Faith Personnel Action Defense Barred Police Officer’s Psyche Claim: Cal. Comp. Cases January Advanced Postings (1/20/2016)
Posted on 20 Jan 2016 by California Compensation Cases Staff

Here’s another batch of advanced postings for the January 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

California: Rolda Reloaded: A Creative Approach to the Dual Causation Elements of the Rolda Multi-Level Analysis
Posted on 16 Jan 2015 by Raymond F. Correio

In 2001, the WCAB issued its en banc decision in Rolda v. Pitney Bowes, Inc. (2001) 66 Cal. Comp. Cases 241 . Labor Code §3208.3 provides that in order for a psychiatric injury to be compensable, certain conditions must be satisfied. Labor Code §3208... Read More

WCAB Bars Applicant’s Psychiatric Injury Caused by Disciplinary Action: Cal. Comp. Cases January Advanced Postings (1/13/2016)
Posted on 15 Jan 2016 by California Compensation Cases Staff

Here’s another batch of advanced postings for the January 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

California: The Good Faith Personnel Action Defense
Posted on 21 Oct 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

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... Read More

Judge's Questioning of Co-Worker, Who Compared Applicant's Personality to Gordon Ramsay's, Didn't Deprive Applicant of Fair Trial
Posted on 5 Nov 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

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... Read More

Two Injuries Found Inextricably Intertwined: Cal. Comp. Cases Advanced Postings (8/31/2016)
Posted on 1 Sep 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the September 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All... Read More

California: Labor Code Section 3208.3(h) Applied to Migraine Headaches
Posted on 1 Mar 2012 by Richard M. Jacobsmeyer

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... Read More

The Real McCoy: Is a “Mental-Physical” Injury Compensable?
Posted on 11 May 2012 by Robert G. Rassp, Esq.

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... Read More

Cal. Comp. Cases December Advanced Postings (12/7/2010)
Posted on 9 Dec 2010 by California Compensation Cases Staff

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... Read More

California: Judicial Factors of Consideration in Assessing Substantial Causation of Injury From Good Faith Personnel Actions
Posted on 3 Feb 2011 by David Bryan Leonard

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... Read More