WCPanelIQ
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James Reeder — ADJ11815716

JAMES REEDER, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC HEALTH, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ11815716
Decision date
Jul 1, 2021
District office
Sacramento
WCJ
Noah W. Tempkin
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: psyche

LC §3208.3

Summary

James Reeder, a 46-year-old Associate Government Program Analyst with the California Department of Public Health, claimed a cumulative trauma psychiatric injury through April 24, 2018, based on his belief that he was retaliated against for exposing fraud and stress from a co-worker he feared might become an active shooter. QME Dr. O'Dowd ultimately apportioned causation as 49% pre-existing, 36% to the dissolution/transfer (retaliation), and 15% to safety concerns regarding the co-worker, concluding that industrial events were the predominant cause. The WCJ found applicant failed to meet his burden of proving the alleged retaliation was an 'actual event of employment,' relying on the credible testimony of Christine Nelson, who explained the legitimate business reasons for dissolving the unit and transferring applicant. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report, and gave great weight to the WCJ's credibility determinations under Garza. The Board found no evidence of considerable substantiality warranting rejection of those determinations.

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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