Cases by Subject

Listed below are recent cases listed by subject. Follow the links for a detailed description of the circumstances surrounding each case.

Injury Report Timing

Case Summaries:

• Rick Montes v. Insperity PEO Services, L.P.

Synopsis: Workers’ compensation claim barred as a result of a successful post-termination defense.

Psychiatric Injury

Case Summaries:

• [Redacted; redacted decision available upon request] v. Sun Chemical Corporation

Synopsis: Victory secured for a defendant through successful use of the good faith personnel action defense.

• Cnty. of Sacramento v. Workers’ Comp. Appeals Bd. (04/22/13)

Synopsis: A psychiatric injury is not compensable if the psychiatric injury was substantially caused by good faith personnel actions.

• Rolda v. Pitney Bowes, Inc. (02/21/01)

Synopsis: A multilevel analysis is required when a psychiatric injury is alleged and a defense of good faith personnel action is raised.

Apportionment

Case Summaries:

• Zurich North American v. WCAB (03/27/13)

Synopsis: Apportionment denied where QME underestimates the causal effect of the industrial injury in comparison to prior and subsequent injuries.

Jurisdiction:

Case Summaries:

• Wesley Carroll v. Cincinnati Bengals (06/18/13)

Synopsis: In cumulative trauma cases, the employer of an employee who was injured in California may be exempted from California’s workers’ compensation laws provided that the criteria in Lab. Code §3600.5(b) are met.