Home/Case Law/NEREYDA VARGAS vs. WELLS FARGO BANK NORTH AMERICA, OLD REPUBLIC INSURANCE COMPANY
Regular DecisionReconsideration

NEREYDA VARGAS vs. WELLS FARGO BANK NORTH AMERICA, OLD REPUBLIC INSURANCE COMPANY

Filed: Nov 15, 2019
Los Angeles
ADJ10544667

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a decision finding no industrial psychiatric injury. The Board found the original decision failed to conduct the multi-level analysis required by Rolda v. Pitney Bowes, Inc. concerning actual employment events and lawful, good faith personnel actions. The case is returned to the trial level for further development and analysis to determine if actual employment events predominated the injury and if any lawful personnel actions were a substantial cause. The Workers' Compensation Judge must specifically address all alleged events, medical evidence, and potential inconsistencies in the Qualified Medical Evaluator's reports.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a decision finding no industrial psychiatric injury. The Board found the original decision failed to conduct the multi-level analysis required by Rolda v. Pitney Bowes, Inc. concerning actual employment events and lawful, good faith personnel actions. The case is returned to the trial level for further development and analysis to determine if actual employment events predominated the injury and if any lawful personnel actions were a substantial cause. The Workers' Compensation Judge must specifically address all alleged events, medical evidence, and potential inconsistencies in the Qualified Medical Evaluator's reports.

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NEREYDA VARGAS vs. WELLS FARGO BANK NORTH AMERICA, OLD REPUBLIC INSURANCE COMPANY (2019) – Los Angeles | CompFox