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Larson Clayton — ADJ13242052

CLAYTON LARSON, Applicant vs. COUNTY OF LOS ANGELES DEPARTMENT OF REGIONAL PLANNING, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ13242052
Decision date
Jun 7, 2022
District office
Van Nuys
WCJ
Josephine Broussard
Claim administrator
Sedgwick Claims Management Services
Commissioners
—

Injury / body parts: psyche, nervous system

LC §3208.3LC §5405LC §4605LC §4061

Summary

Applicant Clayton Larson, employed by the County of Los Angeles Department of Regional Planning from 2009 to 2020, pled a psychiatric/stress claim arising from four work events: denial of a 2016 promotion to HR Analyst IV, being characterized as racist after sending a 'whistleblowing' letter, a negative performance evaluation, and failure to obtain an Assistant Administrator position. The WCJ found injury AOE/COE based on applicant's credible testimony and the medical opinions of Dr. Nehorayan and treating physician Dr. Kauss, while rejecting QME Dr. Sherrill's opinion that applicant had a long-standing personality disorder. The WCJ found the claim was not barred by Labor Code section 3208.3(h) good faith personnel action defense, and deferred permanent disability, apportionment, and attorney fees. Defendant sought reconsideration arguing lack of objective evidence, statute of limitations bar, good faith personnel actions, and that Dr. Nehorayan's report was inadmissible. The WCAB adopted 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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