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Rosa Garner — ADJ12418883

ROSA GARNER, Applicant vs. COMMUNITY ACTION PARTNERSHIP OF KERN; CYPRESS INSURANCE COMPANY administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ12418883
Decision date: May 6, 2026
District office: Bakersfield District Office
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Companies (administering for Cypress Insurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: psyche

LC §3208.1LC §3208.3LC §5701LC §5906

Summary

Rosa Garner, a Head Start teacher, claimed a cumulative psychiatric injury through June 19, 2019. The WCJ found no industrial psyche injury AOE/COE and that the good faith personnel action defense barred the claim. On reconsideration, the Board found that psychiatric QME Dr. Kesselman's reports did not constitute substantial medical evidence because he appeared to misunderstand the legal definition of cumulative injury, assigned an unclear January 8, 2019 'onset' date inconsistent with the pleaded cumulative trauma period, and based causation on two specific events preceding his assigned onset date. The Board emphasized that defendant, by presenting no witnesses and no relevant evidence, failed its burden on the good faith personnel action defense. The Board rescinded the F&O and remanded for the WCJ to clarify the actual events of employment and to further develop the medical record.

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.