STATE OF CALIFORNIA / BOARD OF PAROLE HEARINGS; STATE COMPENSATION INSURANCE FUND, MELVIN THOMAS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMELVIN THOMAS, Applicant,vs.STATE OF CALIFORNIA / BOARD OF PAROLE HEARINGS; STATECOMPENSATION INSURANCE FUND, Defendant.Case Nos. ADJ1010952 (VNO 521983)ADJ620208 (VNO 521986)OPINION AND ORDERS DENYING APPLICANT’S PETITION FOR RECONSIDERATION, GRANTING DEFENDANT’S PETITION FOR RECONSIDERATION, AND DECISION AFTER RECONSIDERATION Applicant and defendant each seek reconsideration of the November 19, 2008 Findings and Award of the workers’ compensation administrative law judge (WCJ) in VNO 521983, wherein it was found that applicant sustained industrial injury to his psyche and cardiovascular system and hypertension sequelae while employed by the Board of Parole Hearings as a Parole Agent during the period March 11, 1983 to March 11. 2003, causing no temporary disability, 27% permanent disability with apportionment, and a need for further medical treatment. Applicant also seeks reconsideration of the November 19, 2008 Findings and Order in VNO-521986, wherein it was found by the WCJ that applicant did not sustain orthopedic injury to his back and knees while in that employment on March 1I, 2003, and it was ordered that applicant take nothing in that case. In VNO 521983, applicant contends that the WCJ should have disallowed the reporting of defendant’s expert psychologist Dennis Nehaman, Ph.D., because it is not substantial evidence. in VNO 521986, applicant contends that the WCJ should have found industrial injury as claimed. Defendant contends in VNO 521983 that that the evidence does not support a cumulative trauma industrial injury to applicant’s psyche with cardiovascular and hypertension sequelae, and that any claim of such injury to psyche is barred by Labor Code section 3208.3(h) because , applicant’s psychiatric condition was substantially caused by a lawful, nondiscriminatory
Melvin Thomas, vs. State Of California / Board Of Parole Hearings; State Compensation Insurance Fund,
This case involves the State of California, Board of Parole Hearings, State Compensation Insurance Fund, and Melvin Thomas, who was a Parole Agent. Thomas sought reconsideration of the November 19, 2008 Findings and Award of the Workers' Compensation Administrative Law Judge (WCJ) in VNO 521983, wherein it was found that Thomas sustained industrial injury to his psyche and cardiovascular system and hypertension sequelae while employed by the Board of Parole Hearings. The Appeals Board denied Thomas' petition for reconsideration and granted the defendant's petition for reconsideration, finding that Thomas' injury to psyche was substantially caused by a lawful, nondiscriminatory, good faith personnel action and thus compensation was barred by Labor Code section 3208.3(
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ1010952
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