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California: Home Health Care in the Context of a Psychiatric Injury

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance . On September 30, 2013, a panel of three commissioners with the Workers’ Compensation Appeals Board (WCAB) denied a request to reconsider a Workers’ Compensation Administrative Law...

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...

Airplane Head Injury, Zone of Danger, Sudden and Extraordinary: Cal. Comp. Cases January Advanced Postings (1/15/2014)

Here’s the third batch of advanced postings for the January 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. SNCC for Lam Research Corporation...

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. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Cedars-Sinai Health System, PSI, administered...

Strict AMA Guides WPI of Zero Percent Rebutted in Ortho/Psyche Case: Cal. Comp. Cases August Advanced Postings (8/20/2014)

Here are the second and third batch of advanced postings for the August 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Bank of America, PSI, adjusted...

Guillain-Barre Syndrome Not Deemed Sudden and Extraordinary Employment Condition: Cal. Comp. Cases September Advanced Postings (9/18/2014)

Here’s the fourth batch of advanced postings for September 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. John Aresco, Petitioner v. Workers'...

Medical Evidence Alone of Inability to Compete in Open Labor Market Could Not Rebut Permanent Disability Rating: Cal. Comp. Cases October Advanced Postings (10/10/2014)

Here’s the third batch of advanced postings for the October 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Sonia Morris , Petitioner v. Workers'...

California: Psychiatric Compensable Consequence as a New and Further Injury

In Woodward v. Tri Corp Construction , 2014 Cal. Wrk. Comp. P.D. LEXIS —, the WCAB panel, affirming the WCJ, found good cause existed under Labor Code § 5410 to reopen the applicant’s 1/26/2011 Stipulated Award and to find that the applicant sustained a psychiatric injury as a compensable...

California: Dual Employment and the Six-Month Employment Requirement

WCAB protects temporary and leased employees from shifting general and special employers who could game the system to avoid potential liability In Martinez v. Mass Precision , 2014 Cal. Wrk. Comp. P.D. LEXIS –, a split panel WCAB affirmed the WCJ’s determination and held that the applicant’s...

Psyche Injury Known to Exist Prior to Issuance of Stipulated Awards Was Not New and Further Disability: Cal. Comp. Cases December Advanced Postings (11/21/2014)

Here’s the first batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Hugo Bolanos, Petitioner v. Workers'...

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...

No Psychiatric Injury After Tripping on Balloon String: Cal. Comp. Cases January Advanced Postings (12/31/2014)

Here’s the second 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. Howard Pound, Petitioner...

California: Top 25 Noteworthy Panel Decisions (July–December 2014)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2014. You’ll find many helpful cases in this list, including a recent decision on reasonable attorney’s fees ,...

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...

Defendant Entitled to Credit for Full Amount of Long-Term Disability Benefits: Cal. Comp. Cases February Advanced Postings (2/5/2015)

Here’s the second batch of advanced postings for February 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. Jessie Lee Sherrod, Petitioner v...

Sole Reliance on Applicant’s Lay Testimony on Medical Issue Was Erroneous: Cal. Comp. Cases April Advanced Postings (4/2/2015)

Here are the first and second batches of advanced postings for the April 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. Lynda Myers , Petitioner...

California: Physical Injury That Is a Result of Work Related Stress

The ongoing confusion under McCoy of whether causation thresholds and affirmative defenses provided for in Labor Code § 3208.3 (lawful, good-faith, nondiscriminatory personnel action) apply to a physical injury that is the manifestation of work related stress In Stolp v. California Department...

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'...

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. © Copyright 2016 LexisNexis. All rights reserved. City of Santa Barbara, PSI, administered by JT2 Integrated...

California: Appellate Court Reverses W.C.A.B. Award of Psychiatric Injury

The First Appellate District Court of Appeal has closed what could have turned into a significant expansion of the concept of “sudden and extraordinary employment condition” contained in Labor Code § 3208.3(d) with a reversal of a W.C.A.B. decision awarding benefits for a psychiatric...

California: Claimant’s Psychiatric Injury Was Not “Extraordinary” Under the Circumstances

Under Cal. Labor Code § 3208.3(d), where the employer has employed an employee for less than six months, the employee may not recover for a psychiatric injury unless the injury is caused by a “sudden and extraordinary employment condition.” A California appellate court held that an employee...

Applicant’s Two Injuries Combined Met Requisite 51 Percent Causation Standard for Compensable Psychiatric Injury: Cal. Comp. Cases May Advanced Postings (5/10/2016)

Here’s the latest batch of advanced postings for the May 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. State of California, Department...

California: WCAB Panel Defines Violent Act for Psychiatric Injury Under SB 863 Reforms

In Larsen v. Securitas Security Services , 2016 Cal. Wrk. Comp. P.D. LEXIS -- (Appeals Board noteworthy panel decision), the WCAB panel affirmed the WCJ’s findings that the applicant security guard sustained a compensable psychiatric injury that resulted in 56 percent permanent disability, after...

California: Top 25 Noteworthy Panel Decisions (January-June 2016)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2016. The list features a number of decisions addressing utilization review time deadlines and reporting requirements, several...