WCPanelIQ
PanelQMEMed-legalGranted

Vieira, Jodi

JODI VIEIRA, Applicant vs. KAISER PERMANENTE, PSI, Defendants

ADJ number
ADJ11408575
Decision date
Feb 4, 2024
District office
Van Nuys
WCJ
—
Claim administrator
Kaiser Permanente, permissibly self-insured
Commissioners
—

Injury / body parts: psyche, nervous system, stress

LC §3208.3LC §5950LC §5903LC §5952LC §5313LC §5701LC §5906LC §5310LC §123.7LC §5309LC §5907LC §5908LC §5908.5LC §5803LC §5901CCR §10787

Summary

Applicant Jodi Vieira, a registered nurse, claimed a psychiatric injury (stress, psyche, nervous system) arising during employment with Kaiser Permanente from January 16 through July 2, 2018. The WCJ found a compensable psychiatric injury, that defendant failed to meet its burden under the good faith personnel action defense of Labor Code section 3208.3(h), and that the Court of Appeal opinion in applicant's civil case had no res judicata/collateral estoppel effect. Defendant sought reconsideration, arguing the January 25, 2018 root cause analysis meeting and the July 2, 2018 termination were lawful, nondiscriminatory good faith personnel actions that substantially caused the injury, and that the QME apportioned 60% of causation to those industrial personnel actions. The Board granted reconsideration and deferred a final decision, finding it unclear whether the existing record was sufficient to support the WCJ's conclusions or whether further development of the record was necessary.

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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