NORWALK LA MIRADA UNIFIED SCHOOL DISTRICT Permissibly Self-Insured LINDA HODO MCDANIEL WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALINDA HODO MCDANIEL, Applicant,vs.NORWALK-LA MIRADA UNIFIED SCHOOLDISTRICT, Permissibly Self-Insured, Defendants.Case No. ADJ1500373 (MON 0359154)(Marina del Rey District Office)OPINION AND DECISIONAFTER RECONSIDERATION On May 16, 2014, we granted reconsideration in order to allow us time to further study the factual and legal issues in this case. We now issue our Opinion and Decision After Reconsideration. Defendant seeks reconsideration of the February 18, 2014 Findings of Fact and Award issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant sustained injury arising out of and occurring in the course of employment (AOE/COE) to her psyche and in the form of sleep disturbance and headaches, while employed as a middle school principal, during the period from 2001 through September 1, 2007, causing 66% permanent disability with no basis for apportionment and causing need for further medical treatment. The WCJ also found that the affirmative defense of “Good Faith Personnel Action” was not established and that the agreed medical examination (AME) reports of Lawrence Richman, M.D., and Bruce Leckart, M.D., are substantial medical evidence. Defendant contends that the WCJ erred in finding injury AOE/COE. Defendant argues that applicant was not credible; that the AME reports of Dr. Richman and Dr. Leckart are not substantial medical evidence; that applicant’s psychiatric injury was not predominately caused by actual events of employment; and, alternatively, that any actual events of employment that may have caused injury were lawful, nondiscriminatory, good faith personnel actions. Applicant filed an Answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we dismiss reconsideration. , Based on o
Linda Hodo Mcdaniel vs. Norwalk La Mirada Unified School District Permissibly Self-insured
(MON 0359154)In this case, the Norwalk La Mirada Unified School District was found liable for the injury sustained by Linda Hodo McDaniel, a middle school principal, from 2001 through September 1, 2007. The injury was found to be in the form of sleep disturbance and headaches, causing 66% permanent disability with no basis for apportionment and causing need for further medical treatment. The WCJ found that the injury was caused by the actual events of employment, which included resistance from teachers to the writing of lesson plans, complaints from teachers to the union president, frequent complaints to school board members, constant teasing by the teachers regarding her hair and clothing, working with a vice principal that did not do any work, two death threats
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ1500373
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