Home/Case Law/JANIS RUSH vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND (Adjusting Agent)
Regular DecisionReconsideration

JANIS RUSH vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND (Adjusting Agent)

Filed: Apr 10, 2008
VNO 0510561

CompFox AI Summary

This case concerns an applicant's cumulative trauma psychiatric injury claim against the Department of Corrections. The defendant sought reconsideration, arguing the agreed medical evaluator's report was insufficient and the applicant's permanent and stationary date was miscalculated. The Board denied reconsideration, finding the defendant failed to timely and properly assert the affirmative defense of good faith personnel action, and therefore, the AME was not required to address it. Additionally, objections to the AME report's validity and the applicant's P&S date were waived due to lack of evidence and proper objection at trial.

Full Decision Text1 Pages

This case concerns an applicant's cumulative trauma psychiatric injury claim against the Department of Corrections. The defendant sought reconsideration, arguing the agreed medical evaluator's report was insufficient and the applicant's permanent and stationary date was miscalculated. The Board denied reconsideration, finding the defendant failed to timely and properly assert the affirmative defense of good faith personnel action, and therefore, the AME was not required to address it. Additionally, objections to the AME report's validity and the applicant's P&S date were waived due to lack of evidence and proper objection at trial.

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JANIS RUSH vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND (Adjusting Agent) (2008) – | CompFox