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PanelGranted

Lorinda Leigh — ADJ12788201

LORINDA LEIGH, Applicant vs. CVS HEALTH CORPORATION; XL INSURANCE COMPANY, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES, INCORPORATED, Defendants

ADJ number: ADJ12788201
Decision date: Apr 30, 2026
District office: Long Beach
WCJ: —
Claim administrator: Sedgwick Claims Management Services, Incorporated
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER

Injury / body parts: right forearm, right wrist, right fingers, right shoulder, right hand, psyche

LC §4553LC §4453LC §5909LC §5900

Summary

Applicant Lorinda Leigh, an assistant store manager for CVS, sustained admitted injury to her right upper extremity and psyche on November 14, 2019, when her manager Eric Neice grabbed her arm and pried her fingers back to take a tote bag from her. The WCJ found the injury was caused by the serious and willful misconduct of the manager under Labor Code section 4553, entitling applicant to a 50% increase in compensation. Defendant CVS sought reconsideration. The Appeals Board granted reconsideration, holding that even crediting applicant's testimony fully, the manager's act of grabbing the bag did not meet the stringent test for serious and willful misconduct because it was not done with knowledge that serious injury was a probable result or with wanton and reckless disregard of consequences. The Board rescinded the WCJ's decision and substituted a finding that the injury was not proximately caused by serious and willful misconduct, ordering applicant to take nothing on her 4553 petition.

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.