City Of San Diego, permissibly self-insured Patricia Anne Dykes WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICIA ANNE DYKES, Applicant,vs.CITY OF SAN DIEGO, permissibly self-insured, Defendant.Case No. ADJ4245808 (SDO 0352450) ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. We are, moreover, extending to the WCJs finding on credibility the great weight to which it is entitled (see Garza v. Workers’ Comp, Appeals Bd. (1970) 3 Cal.3d 312, 35 Cal.Comp.Cases 500.)/ / // / // / // / // / // / // / // / // / // / // / / , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________MARGUERITE SWEENEYI CONCUR,_________________________________________ RONNIE G. CAPLANE_________________________________________ ALFONSO J. MORESIDATED AND FILED AT SAN FRANCISCO, CALIFORNIA JUN 13 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.SAN DIEGO CITY ATTORNEYJOHN KIWANPATRICIA ANNE DYKESsye , STATE OF CALIFORNIAWORKERS’ COMPENSATION APPEALS BOARDPATRICIA ANNE DYKES, Applicant,v.CITY OF SAN DIEGO, P.S.I. Defendant.Case No. ADJ4245808REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONINTRODUCTION Applicant filed a timely, verified, petition for reconsideration, on the standard statutory grounds, on the trial court’s finding of fact that applicant did not sustain a psyche injury arising out of and in course of employment. Defendant has not filed an answer although the time to do so timely
Patricia Anne Dykes vs. City Of San Diego, Permissibly Self-insured
is a case in which Patricia Anne Dykes, an employee of the City of San Diego, filed a workers' compensation claim alleging that she had sustained a psyche injury due to sexual harassment by her supervisor. After a hearing, the Workers' Compensation Appeals Board denied the claim, finding that Dykes had failed to meet her burden of proof on the issue of AOE/COE and that her testimony was not credible. The Board also found that the testimony of other witnesses did not support Dykes' claims, and that the predominant cause of her depression was likely due to non-industrial factors.
- Filed On:
- Court: California, San Diego
- Case No. ADJ4245808
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