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PanelMed-legalGranted

Ball, Emily

EMILY BALL, Applicant vs. COUNTY OF SACRAMENTO, permissibly self-insured, Defendants

ADJ number: ADJ16839738
Decision date: Aug 11, 2024
District office: Sacramento
WCJ: —
Claim administrator: County of Sacramento (permissibly self-insured)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: psyche, post-traumatic stress disorder (PTSD)

LC §3208.3LC §3212.15LC §5803LC §5901LC §5907LC §5908LC §5908.5LC §5950LC §5952

Summary

Emily Ball, a Sergeant Deputy Sheriff for the County of Sacramento, claimed a cumulative trauma psychiatric injury (PTSD) ending July 4, 2022. The AME, Dr. Ann Allen, found the PTSD 100% caused by employment but attributed 40% of causation to being placed on a Personal Improvement Plan (PIP), a personnel action. The WCJ found the injury barred by the good-faith personnel action defense of Labor Code section 3208.3(h), reasoning that 'compensation under this division' includes benefits under the section 3212.15 PTSD presumption. Applicant petitioned for reconsideration, arguing the specific, later-enacted section 3212.15 presumption for peace officers controls over the general section 3208.3(h) defense. The Appeals Board granted reconsideration to further study the interplay between the two statutes and deferred a final decision pending merits review.

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.