GWB USA, INC.; AMERICAN HOME ASSURANCE, HAROUTYN GEVORKYAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHAROUTYN GEVORKYAN, Applicant,vs.GWB USA, INC.; AMERICAN HOMEASSURANCE, Defendants.Case No. ADJ2627849 (VNO 0503736)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the October 30, 2008 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, while employed as a test technician by GWB USA, Inc., sustained a cumulative trauma industrial injury through March 19, 2004 to his psyche and “internal system.” Defendant contends that the WCJ erred in finding the applicant suffered a psychiatric injury arising out of and in the course of his employment, arguing that the WCJ did not address whether applicant’s injury was substantially caused by good faith personnel actions. Defendant also argues i that the WCJ did not provide an adequate opinion on decision. We have considered the petition for reconsideration and we have reviewed the record in this matter. We have not received an answer from applicant. The WCJ has retired and did not prepare a Report and Recommendation on Petition for Reconsideration. For the reasons discussed below, we will grant reconsideration, rescind the decision, and return the matter to the trial level to allow further development of the record on the issue of whether actual events of employment were predominant as to all causes combined of the applicant’s psychiatric injury and whether applicant’s claim is barred because his psychiatric injury was substantially caused by lawful, nondiscriminatory, good faith personnel actions. , BACKGROUND On October 12, 2004, applicant filed an application for adjudication of claim in which he alleged a cumulative trauma injury to his emotional system arising out of his employment as a lab technician for NEC.1 The claim of injury was
Haroutyn Gevorkyan, vs. Gwb Usa, Inc.; American Home Assurance,
This case is about Haroutyn Gevorkyan, a lab technician for GWB USA, Inc., who filed an application for adjudication of claim alleging a cumulative trauma injury to his emotional system. The workers' compensation administrative law judge found that the applicant sustained an injury to his psyche and internal system, but the opinion on decision did not provide an adequate explanation for the decision and the record did not contain sufficient evidence to support the findings. The Workers' Compensation Appeals Board granted reconsideration, rescinded the decision, and returned the matter to the trial level to allow further development of the record on the issue of whether actual events of employment were predominant as to all causes combined of the applicant's psychiatric injury and whether applicant's claim is barred because his
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ2627849
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