LexisNexis® Legal Newsroom
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: Judicial Factors of Consideration in Assessing Substantial Causation of Injury From Good Faith Personnel Actions

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 be considered by the Court when determining whether...

California: Labor Code Section 3208.3(h) Applied to Migraine Headaches

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. In County of San Bernardino v W.C.A.B. (McCoy)...

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...

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: The Good Faith Personnel Action Defense

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, must show that a personnel action (or actions...

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...

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

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 reserved. Contra Costa County, Petitioner...

California: Rolda Reloaded: A Creative Approach to the Dual Causation Elements of the Rolda Multi-Level Analysis

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 §3208.3 also contains a number of exemptions and...

Supervisor’s Verbal Attack on Applicant Was Not Disciplinary or Correction Action: Cal. Comp. Cases December Advanced Postings (11/17/2015)

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 rights reserved. Travelers Property Casualty Company...

WCAB Bars Applicant’s Psychiatric Injury Caused by Disciplinary Action: Cal. Comp. Cases January Advanced Postings (1/13/2016)

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 reserved. Dennis Stolp, Petitioner v. Workers'...

Good-Faith Personnel Action Defense Barred Police Officer’s Psyche Claim: Cal. Comp. Cases January Advanced Postings (1/20/2016)

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 reserved. James Yarber, Petitioner v. Workers'...

California: Panel Confirms That Not All Actions Taken by an Employer Will Constitute “Personnel Actions”

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 11/22/2011, and that the defendant failed to prove that...

Two Injuries Found Inextricably Intertwined: Cal. Comp. Cases Advanced Postings (8/31/2016)

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 rights reserved. Flowserve Corporation, Travelers...

California: Top 25 Noteworthy Panel Decisions (July through December 2016)

LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2016. The list features a number of decisions addressing medical-legal issues such as assignment, selection and reporting...