The following are recent panel decisions that we're considering for the LexisNexis database of noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please email me directly or post a comment to this blog with your request. Registration at our web center is free.

Mary Hurtado-Trevino v. DMV/Driver Safety

Psychiatric Injury; Good Faith Personnel Action. WCAB affirmed WCJ’s determination that psychiatric claim was not barred by good faith personnel action and WCJ’s finding of industrially related psychiatric injury with substantial apportionment, when stressful period at issue took place after applicant had requested a transfer with demotion due to stress; the substantial cause of applicant’s psychiatric condition was not the good faith personnel action that came later, but the general nature of the job which had already taken its toll prior to any action taken by the employer.

Joseph Shinn v. State of Calif./Dept. of Motor Vehicles

Lien Claimants. WCAB affirmed WCJ’s decision to allow lien claimants to participate in trial on worker’s underlying claim for benefits rather than deferring the lien.

Raul Yepez v. Denny’s Restaurant

Discovery; Deposition of Claims Adjuster. WCAB held WCJ did not err in ordering the deposition of current claims examiner in the office of the claims examiner, when court was not persuaded that taking the adjuster away from her files for a day outweighed the needs of the worker, who was 100 percent totally disabled, and when no irreparable burden was placed on the adjuster when deposition was scheduled to take place at adjuster’s office where all her files were located.