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PanelQMEMed-legalLienGranted

Madero, Marco

MARCO MADERO, Applicant vs. FOSTER FARMS, permissibly self-insured, administered by GALLAGHER BASSETT, Defendants

ADJ number: ADJ13400126
Decision date: Aug 3, 2023
District office: Los Angeles
WCJ: —
Claim administrator: Gallagher Bassett (administrator for Foster Farms, permissibly self-insured)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: psyche, head, headaches, sleep disorder, internal organs, neck, back, hands, feet

LC §3208.3LC §3208.1LC §5313LC §5701LC §5900LC §5902LC §5903CCR §10761CCR §10787

Summary

Applicant Marco Madero, a plant supervisor, alleged a cumulative psychiatric injury arising from interactions with his supervisor between June 6, 2019 and March 13, 2020. The WCJ's May 10, 2023 F&O found five actual events of employment, deemed three to be lawful, nondiscriminatory good faith personnel actions, and ordered the PQME to issue a supplemental report on whether applicant had a DSM diagnosis and whether the injury was predominantly industrial. The Board treated applicant's petition as one for reconsideration because the AOE/COE determination is a threshold issue. The Board found the WCJ improperly applied the Rolda analysis by addressing the good-faith personnel action defense before determining industrial causation, even though she had found the medical record insufficient on causation. The Board rescinded the F&O and returned the matter for development of the record and a new decision properly applying Rolda.

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.