Home/Case Law/Norma Lemus vs. Nestle USA, Inc., AIG, administered by Sedgwick Claims Management Services, Inc.
Regular DecisionReconsideration

Norma Lemus vs. Nestle USA, Inc., AIG, administered by Sedgwick Claims Management Services, Inc.

Filed: Oct 26, 2015
Van Nuys
ADJ592347 (VNO 0514339) ADJ2359380 (VNO 0514338)

CompFox AI Summary

The Workers' Compensation Appeals Board denied Nestle USA, Inc.'s petition for reconsideration of a Findings and Award. The prior award found the applicant sustained industrial injury to multiple body parts, including psyche, resulting in 38% permanent partial disability. Nestle argued the psyche injury was improperly found due to a lack of development on whether the termination was a good-faith personnel action. However, the Board found the applicant met the threshold for psychiatric injury, and Nestle failed to meet its burden of proof for the good-faith personnel action defense.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Nestle USA, Inc.'s petition for reconsideration of a Findings and Award. The prior award found the applicant sustained industrial injury to multiple body parts, including psyche, resulting in 38% permanent partial disability. Nestle argued the psyche injury was improperly found due to a lack of development on whether the termination was a good-faith personnel action. However, the Board found the applicant met the threshold for psychiatric injury, and Nestle failed to meet its burden of proof for the good-faith personnel action defense.

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Norma Lemus vs. Nestle USA, Inc., AIG, administered by Sedgwick Claims Management Services, Inc. (2015) – Van Nuys | CompFox