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PanelQMEDismissed

Cuong Ly — ADJ11018856

CUONG LY, Applicant vs. KAISER FOUNDATION HOSPITAL, Permissibly Self-Insured, Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ11018856
Decision date: May 25, 2021
District office: San Jose
WCJ: Pauline H. Suh
Claim administrator: Sedgwick Claims Management Services (administering for Kaiser Foundation Hospital, Permissibly Self-Insured)
Commissioners: —

Injury / body parts: psyche

LC §5902LC §3208.3LC §3202.5LC §3208LC §3208.1CCR §10842CCR §10945CCR §10846CCR §10972

Summary

Cuong Ly, a pharmacist appearing in pro per, filed a Petition for Reconsideration of a March 2021 Findings and Order that denied his claimed psychiatric injury arising from three workplace meetings (a coaching session and fact-finding meetings) at Kaiser. The WCJ found, after 11 days of trial, that the psychiatric injury was substantially caused by lawful, nondiscriminatory, good faith personnel actions and was therefore barred under Labor Code section 3208.3(h). The Appeals Board dismissed the petition as skeletal because it failed to set forth grounds with specificity or cite to the record as required by Labor Code section 5902 and WCAB Rules. The Board added that, had it not dismissed the petition, it would have denied it on the merits, adopting the WCJ's report and giving the WCJ's credibility determinations great weight under Garza.

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.