Home/Case Law/MARIA GARIBAY vs. COUNTY OF LOS ANGELES
Regular DecisionRegular Panel Decision

MARIA GARIBAY vs. COUNTY OF LOS ANGELES

Filed: Nov 08, 2016
Santa Ana
ADJ8984416

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's decision, which had denied an applicant's claim for psychiatric injury based on the good faith personnel action defense. The Board found that the Agreed Medical Evaluator's reports were deficient regarding causation percentages. The case is returned to the trial level for further development of the record, specifically to obtain a report from the AME addressing the percentage of causation for each workplace incident. This is to allow for a meaningful review of the WCJ's future decision on predominant and substantial cause.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's decision, which had denied an applicant's claim for psychiatric injury based on the good faith personnel action defense. The Board found that the Agreed Medical Evaluator's reports were deficient regarding causation percentages. The case is returned to the trial level for further development of the record, specifically to obtain a report from the AME addressing the percentage of causation for each workplace incident. This is to allow for a meaningful review of the WCJ's future decision on predominant and substantial cause.

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MARIA GARIBAY vs. COUNTY OF LOS ANGELES (2016) – Santa Ana | CompFox