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

December 23, 2014 (2 min read)

Here’s the first batch of advanced postings for the January 2015 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries.

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Contra Costa County, Petitioner v. Workers' Compensation Appeals Board, David Glenn Brown, Respondents,, Lexis Advance

Evidence—Medical Evidence—WCAB’s Duty to Develop Record—WCAB ordered further development of medical record through appointment of regular physician pursuant to Labor Code § 5701 after WCJ issued findings and order in which she found that applicant did not meet burden of proving that he suffered compensable psychiatric injury because medical reports submitted by applicant were insufficient to prove that actual events of applicant’s employment predominantly caused his injury, and, additionally, that allegedly injurious actions taken by applicant’s supervisors were not lawful, nondiscriminatory, good-faith personnel actions pursuant to Labor Code § 3208.3(h), and WCAB concluded that…

Joyce Simon, Petitioner v. Workers' Compensation Appeals Board, County of Orange, PSI, administered by York Risk Services Group, Inc., Respondents,, Lexis Advance.

Petitions for Reconsideration—Successive Petitions—WCAB dismissed applicant’s petition for reconsideration that it found was successive petition raising same issues as already resolved by WCAB in final orders, including…

Controlled Health Management, Inc., Jerome Welch, Petitioners v. Workers' Compensation Appeals Board, American Racing, Gallagher Bassett Services, Inc., Cleto Morales, Respondents,, Lexis Advance

Lien Claims—Filing Frivoulous Letters of Representation—Sanctions—WCAB imposed $1,000 sanctions on petitioner Controlled Health Management for filing frivolous letters of representation of lien claimants in cases of two different applicants, when WCAB found that hearing representative for petitioner, Jerome Welch, filed letters of representation on behalf of…



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