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PanelQMEMed-legalDenied

Kelly, Marisa

MARISA KELLY, Applicant vs. SACRAMENTO COUNTY CHILD PROTECTIVE SERVICES, PSI, administered by COUNTY OF SACRAMENTO, Defendants

ADJ number: ADJ16528931
Decision date: Apr 24, 2025
District office: Sacramento
WCJ: Aldrich
Claim administrator: County of Sacramento (self-insured, permissibly self-insured)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: psyche, nervous system

LC §139.2LC §3202.5LC §3208.3LC §3600LC §4660LC §5900LC §5909

Summary

Applicant Marisa Kelly, a social worker for Sacramento County Child Protective Services, claimed a cumulative psychiatric injury arising from traumatic exposures at work. The PQME, Dr. Trevor Mackin, found applicant suffered from PTSD, bipolar II disorder, and gambling disorder, and concluded that her current presentation was an 'exacerbation' of pre-existing mental disorders that was predominantly (65%) caused by work-related factors. Defendant sought reconsideration arguing the record lacked substantial medical evidence because Dr. Mackin used the word 'exacerbation' rather than 'aggravation.' The WCAB, relying on Vigil v. County of Kern, held that the specific word used was immaterial because Dr. Mackin set forth reasoned analysis explaining how and why work caused applicant's disability and need for treatment. The Board denied reconsideration, finding the reporting constituted substantial medical evidence supporting injury AOE/COE under Labor Code section 3208.3.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.