WCPanelIQ
PanelQMEMed-legalDenied

Gerald Miller — ADJ8286596, ADJ7548354, ADJ8076231, ADJ8286584

GERALD MILLER, Applicant vs. CITY OF FRESNO, Permissibly Self-Insured; Administered by RISICO CLAIMS MANAGEMENT, Defendants

ADJ number
ADJ8286596, ADJ7548354, ADJ8076231, ADJ8286584
Decision date
Jan 2, 2022
District office
Fresno District Office
WCJ
Angelique Scott
Claim administrator
Risico Claims Management (for City of Fresno, permissibly self-insured)
Commissioners
—

Injury / body parts: psyche

LC §3208.3LC §5705LC §5701LC §5906CCR §10945CCR §10803

Summary

Gerald Miller, a Fresno police officer, claimed four psychiatric injuries arising from workplace stressors including a write-up by a non-supervisor sergeant, the City's failure to warn him of a credible death threat, an incident with a fellow officer, and cumulative trauma from being forced to work in daily contact with the sergeant. The WCJ found the psyche claims industrial, supported by PQME Dr. Ponton's opinions as substantial evidence, and rejected the City's good faith personnel action defense and its collateral estoppel arguments based on prior Fresno Civil Service Board and U.S. District Court proceedings. The City sought reconsideration, arguing issue preclusion barred relitigation of the good faith personnel action/discrimination issues and that Dr. Ponton's opinion was not substantial evidence. The WCAB denied reconsideration, holding the City failed to meet its burden of proving the issues adjudicated in the other forums were identical to those before the WCAB, as required by ReadyLink. The Board also gave great weight to the WCJ's credibility determinations under Garza and noted the City's defective citation of the record under CCR 10945.

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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