Butte County Department Of Social Services, Permissibly Self-Insured Vjera Stark WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVJERA STARK, Applicant,vs.BUTTE COUNTY DEPARTMENT OF SOCIAL SERVICES, Permissibly Self-Insured, Defendant.Case No. ADJ7087574OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant, Vjera Stark, appearing in propria persona, seeks reconsideration of the Findings and Order, issued July 8, 2011, in which a workers’ compensation administrative law judge (WCJ) held that applicant did not sustain an industrial injury to her psyche, finding applicant failed to meet her burden of proof to establish that actual events of her employment were predominant as to all causes of her psychiatric injury. The WCJ also held that the issue of defendant’s affirmative defense that applicant’s injury was caused by good faith personnel actions was moot. Applicant contends the WCJ erred in concluding that she failed to establish she sustained an industrial injury to her psyche. Applicant first argues that the opinion of the Panel Qualified Medical Evaluator (PQME), Kara Winter, PhD, does not constitute substantial medical evidence to support the WCJ’s findings. Applicant further asserts that that the PQME improperly analyzed the results of applicant’s psychological testing, incorrectly diagnosed her with Borderline Personality Disorder and Paranoia, and challenges Dr. Winter’s conclusion that actual events of work were not the predominant cause of applicant’s psychological injury. Applicant also requests reconsideration of the WCJ’s denial of her petition challenging the report of Dr. Winter, which was based on the claim that the report was not timely served on applicant. Applicant further requests reconsideration of the denial of her request to admit the report of Dr. Clegg as a replacement PQME, which report was obtained by applicant while defendant’s ultimately successful challenge to the selection of a replacement PQME was
Vjera Stark vs. Butte County Department Of Social Services, Permissibly Self-insured
- Filed On:
- Court: California, San Francisco
- Case No. ADJ7087574
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