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Gail Sears — ADJ9920866

GAIL SEARS, Applicant vs. COUNTY OF FRESNO, permissibly self-insured, administered by AIMS, Defendants

ADJ number: ADJ9920866
Decision date: Dec 23, 2021
District office: Fresno
WCJ: —
Claim administrator: AIMS (administering for County of Fresno, permissibly self-insured)
Commissioners: KATHERINE ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: psyche

LC §3208.1LC §3208.3LC §5701LC §5906CCR §10813CCR §10754

Summary

Gail Sears, an attorney for the County of Fresno, claimed a cumulative psychiatric injury through March 26, 2015, alleging it stemmed from workplace events involving a coworker's alleged misrepresentations to a court and her supervisor's response. The WCJ found the injury did not arise out of or in the course of employment (AOE/COE). Applicant sought reconsideration, arguing that the psychiatric QME found that actual events of employment predominantly caused her injuries. The Board found that the QME report of Dr. Paul did not constitute substantial medical evidence because he erroneously identified two separate injuries, misunderstanding the legal definition of cumulative injury. The Board rescinded the F&O and remanded for the WCJ to clarify the events of employment and the date of injury, and to further develop the medical record.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.