Jesse W. Pratt, vs. Lancaster Healthcare Center; And Zurich America Insurance Company,

LANCASTER HEALTHCARE CENTER; and ZURICH AMERICA INSURANCE COMPANY, JESSE W. PRATT, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESSE W. PRATT, Applicant,vs.LANCASTER HEALTHCARE CENTER; andZURICH AMERICA INSURANCE COMPANY, Defendant.Case No. ADJ176329 (VNO 0542064)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award of March 25, 2009, wherein the workers’ compensation judge (WCJ) found that applicant sustained an industrial injury to his psyche (in the form of headaches, stomach problems, anxiety, stress, chest and neck pain, insomnia, and high blood pressure) during a period through March 19, 2007, while employed as a maintenance supervisor by Lancaster Healthcare Center, Zurich America Insurance Company’s insured on the date of injury, and that the injury caused some temporary disability and a need for further medical treatment, entitling applicant to temporary disability indemnity and further medical treatment.            Defendant contends, in essence, that applicant’s injury is not compensable, arguing that the injurious actual events of employment were “good faith personnel” actions and, thus, that compensability is barred pursuant to Labor Code section 3208.3(h)1.            Applicant did not file an answer to the petition for reconsideration../// 1All further statutory references are to the Labor Code, unless otherwise noted. , I.            We have considered the allegations made in the petition for reconsideration, as, well as the content of the WCJ’s Report and Recommendation.            Based on our review of the record and for the reasons discussed below, we will grant reconsideration and reverse the March 25, 2009 Findings and Award, as we conclude that applicant’s psychiatric injury was substantially caused by “lawful, nondiscriminatory, good faith personnel action” and, therefore, that compensability is barred pursuant to section 3208.3(h)., We will

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.