WCPanelIQ
PanelDenied

Iverson, Denyce

DENYCE IVERSON, Applicant vs. CVS PHARMACY INC; XL INSURANCE AMERICA, INC, adjusted by SEDGWICK CVS BREA, Defendants

ADJ number
ADJ14940193
Decision date
Jul 2, 2023
District office
Redding
WCJ
Curt Swanson
Claim administrator
Sedgwick CVS Brea (adjusting for XL Insurance America, Inc.)
Commissioners
—

Injury / body parts: Guillain-Barré Syndrome, nervous system, fingers, hands, legs, fatigue, cellulitis, demyelinating neuropathy, depression/anxiety, irritable bowel syndrome, neurogenic bladder, back, sleep, urinary dysfunction, sexual dysfunction, anorectal dysfunction, asthma, gastro-esophageal reflux disease, acute inflammatory demyelinating polyradiculoneuropathy, urinary incontinence

Summary

Applicant Denyce Iverson, a shift supervisor for CVS Pharmacy, voluntarily received Afluria Quad and Pneumovax 23 vaccinations administered by the company pharmacist during a paid break at work on 8/11/2019, and subsequently developed serious complications including Guillain-Barré Syndrome. The defendant argued the injury was non-compensable because the vaccinations were wholly voluntary and provided only minimal benefit to the employer. The WCJ found the injury compensable, reasoning that under controlling case law the employer need only have expressly or impliedly permitted the vaccination as an activity reasonably contemplated by the employment, not required it, and that the employer derived sufficient benefit. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.

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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