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Consuelo Palacios — ADJ11717579

CONSUELO PALACIOS, Applicant vs. STATE COMPENSATION INSURANCE FUND, legally uninsured, administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES, Defendants

ADJ number: ADJ11717579
Decision date: Apr 4, 2021
District office: San Bernardino
WCJ: Scott J. Seiden
Claim administrator: Acclamation Insurance Management Services (administering for State Compensation Insurance Fund, legally uninsured)
Commissioners: —

Injury / body parts: psyche, nervous system

LC §3208.3

Summary

Applicant Consuelo Palacios, a legal secretary, claimed an industrial psychiatric injury to her psyche and nervous system arising from conflicts with a co-worker during September 2007. PQME Dr. Arnold Gilberg opined that applicant's serious psychiatric problems (including schizophrenia/paranoia with a strong genetic predisposition) long antedated her employment and that work was not the predominant cause of her psychiatric condition. The WCJ issued a Findings and Award finding applicant failed to meet her burden of proof under Labor Code section 3208.3(b)(1) and ordered take-nothing. The WCAB denied reconsideration, adopting the WCJ's report and finding Dr. Gilberg's opinion constituted substantial medical evidence that applicant did not establish that actual employment events were predominant as to all causes of her psychiatric injury.

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.