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PanelMed-legalRemanded

Centeno, Ezra

EZRA CENTENO, Applicant vs. HARBOR FREIGHT TOOLS; SAFETY NATIONAL CASUALTY CORPORATION, administered by CORVEL CORPORATION, Defendants

ADJ number: ADJ10434987
Decision date: Jan 5, 2023
District office: Van Nuys
WCJ: —
Claim administrator: CorVel Corporation (administering for Safety National Casualty Corporation)
Commissioners: PATRICIA A. GARCIA, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: psyche, neck, jaw, teeth, headaches, sleep disorder, temporomandibular joint (TMJ)

LC §3208.3CCR §10859

Summary

Applicant Ezra Centeno, a purchasing supervisor at Harbor Freight Tools, claimed industrial psychiatric injury plus injury to her neck, jaw, teeth, headaches and sleep disorder during a cumulative trauma period of June 30, 2012 through April 18, 2016. The WCJ found AOE/COE injury and held the claim was not barred by the good faith personnel action defense under Labor Code section 3208.3(h), reasoning that none of the employment events constituted 'personnel actions' because none involved termination, formal discipline, or adverse action. Defendant sought reconsideration, arguing the WCJ applied the wrong legal standard. The Board agreed, finding the WCJ used too restrictive a definition of 'personnel action' and failed to perform the complete multilevel Rolda analysis, including evaluation of each specific employment event and adequate medical evidence on causation. The Board rescinded the First Amended Findings and Award and returned the matter to the trial level for further proceedings and development of the medical record.

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.