WCPanelIQ
PanelMed-legalDenied

Martin, Delilah

DELILAH MARTIN, Applicant vs. GENERAL MOTORS, PERMISSIBLY SELF-INSURED, ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number
ADJ8344382
Decision date
Date unavailable
District office
Los Angeles
WCJ
Jerilyn Cohen
Claim administrator
Sedgwick Claims Management Services, Inc. (administering for permissibly self-insured General Motors)
Commissioners
—

Injury / body parts: psyche, head, cervical spine, thoracic spine, lumbar spine, shoulders, arms, wrists, hands, fingers, sleep dysfunction, internal systems, hypertension, stomach, emotional system

LC §3208.3LC §5900LC §5902LC §5903

Summary

Delilah Martin, a 59-year-old warehouse worker for permissibly self-insured General Motors (administered by Sedgwick), alleged a specific psychiatric/physical injury on 1-20-2012 and a continuous trauma from 11-1-2004 to 1-20-2012 affecting the psyche and numerous body parts. After an 8-day trial featuring extensive applicant testimony and reports from psychiatric AME John Stalberg, M.D., the WCJ issued Joint Findings and Order finding no industrial injury in either case. Applicant, now in pro per after dismissing her attorney, filed an unverified Petition for Reconsideration attaching 32 pages of exhibits never offered at trial. The WCJ's Report recommended denial, finding the new exhibits inadmissible, the psychiatric claim unproven under Labor Code section 3208.3 (no preponderance showing actual events of employment were the predominant cause, with several events being lawful good-faith personnel actions under Rolda), and the physical injury claim derivative and unsupported by substantial medical evidence. The WCAB adopted and incorporated the WCJ's Report and Opinion and denied reconsideration.

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