National Convenience Stores v. Workers' Compensation Appeals Board

Irving B. Kesser (hereinafter also applicant) while on his second day of work, as a store manager/stock clerk for National Convenience Stores (National) allegedly suffered an industrial injury to his back, shoulder, arm, leg and psyche when he fell off a box. National is insured for purposes of workers’ compensation by Houston General Insurance Company (General). We shall for convenience refer to National and General collectively as the employer.

The workers’ compensation judge, whose decision was affirmed by the Workers’ Compensation Appeals Board (WCAB) found that applicant sustained injury to the psyche, is totally temporarily disabled, and is in need of continuing psychiatric care. The judge deferred decision on the issues of permanent disability and whether applicant suffered physical injury.

Employer’s challenge to the WCAB decision, although couched in a number of specific complaints, is in essence that the evidence is insufficient to support the finding of injury.

Our review of an award by the Workers’ Compensation Appeals Board is confined to the determination whether, under applicable principles of the law, the award is supported by substantial evidence in…