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Jennifer McKeithan — ADJ11116788

JENNIFER MCKEITHAN, Applicant vs. UNITED PACIFIC and ZURICH AMERICAN INSURANCE COMPANY, administered by ZURICH NORTH AMERICA, Defendants

ADJ number: ADJ11116788
Decision date: Mar 31, 2021
District office: Los Angeles
WCJ: —
Claim administrator: Zurich North America
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER

Injury / body parts: psyche, nervous system

LC §3208.3LC §5701LC §5906

Summary

Applicant Jennifer McKeithan, an accountant, claimed a psychiatric injury allegedly caused by workplace harassment from two coworkers and inconsistent information she received from her supervisor, Vice President, and CEO. The WCJ found no compensable psychiatric injury AOE/COE, concluding non-industrial events were the predominant cause and that the claim was barred by Labor Code section 3208.3(h) as a good faith personnel action. The Board granted reconsideration and rescinded the F&O, finding the record showed actual events of employment were the predominant (55%) cause per QME Dr. Levander, but the record was insufficient to determine whether the good faith personnel action defense applied because Dr. Levander did not apportion how much injury was caused by interactions with management versus coworker harassment. The Board remanded for further development of the record, recommending a supplemental report from Dr. Levander.

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.