Home/Case Law/ALAN WAY vs. CUMMINS CAL PACIFIC, LLC, ZURICH INSURANCE GROUP
Regular DecisionReconsideration

ALAN WAY vs. CUMMINS CAL PACIFIC, LLC, ZURICH INSURANCE GROUP

Filed: Sep 14, 2012
Santa Ana
ADJ6743889

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a finding that he did not sustain an industrial psychiatric injury. The Board affirmed the judge's decision that the employer successfully proved the affirmative defense under Labor Code section 3208.3. This defense applies when a psychiatric injury is substantially caused by lawful, nondiscriminatory, good-faith personnel actions. The Board found that the applicant's numerous disciplinary actions, including warnings and demotions, constituted such actions and were a predominant cause of his alleged injury.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a finding that he did not sustain an industrial psychiatric injury. The Board affirmed the judge's decision that the employer successfully proved the affirmative defense under Labor Code section 3208.3. This defense applies when a psychiatric injury is substantially caused by lawful, nondiscriminatory, good-faith personnel actions. The Board found that the applicant's numerous disciplinary actions, including warnings and demotions, constituted such actions and were a predominant cause of his alleged injury.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.