WCPanelIQ
PanelQMEMed-legalDenied

Alfaro, Irma

IRMA ALFARO, Applicant vs. POMONA UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured; YORK RISK SERVICES GROUP, Defendants

ADJ number
ADJ11114734
Decision date
Date unavailable
District office
Pomona
WCJ
Sharon Bernal
Claim administrator
York Risk Services Group (third-party administrator for Pomona Unified School District, permissibly self-insured)
Commissioners
—

Injury / body parts: psyche

LC §3208.3

Summary

Applicant Irma Alfaro, a receptionist for Pomona Unified School District, alleged psychiatric injury from both a specific incident on August 7, 2017 (an alleged battery and verbal intimidation by co-worker Veronica Bravo Marquez) and a cumulative trauma (June 29, 2017 through November 6, 2017) based on a hostile work environment. After trial over multiple hearing dates, the WCJ found applicant failed to meet her burden of proof under Labor Code section 3208.3(b)(1), finding her uncorroborated testimony not credible while crediting multiple defense rebuttal witnesses. A WCAB panel majority denied reconsideration, adopting and incorporating the WCJ's report and giving great weight to the WCJ's credibility determinations under Garza. Commissioner Dodd dissented, arguing the matter should be remanded so PQME Dr. Allen Lee could review and opine on the trial testimony and credibility findings.

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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