CompFox AI Summary
The Workers' Compensation Appeals Board denied Barbara Miljkovic's petition for reconsideration, affirming the Administrative Law Judge's (ALJ) decision. The Board found no industrial injury from alleged asbestos exposure, based on medical reports showing no evidence of asbestos-induced lung disease. Furthermore, the Board determined that Miljkovic's psychiatric injury was barred by Labor Code Section 3208.3(h) because the employer's personnel actions, while potentially harsh, were lawful, non-discriminatory, and conducted in good faith. The Board clarified that good faith personnel actions constituted 50% of the cause of the psychiatric injury, consistent with case law.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Barbara Miljkovic's petition for reconsideration, affirming the Administrative Law Judge's (ALJ) decision. The Board found no industrial injury from alleged asbestos exposure, based on medical reports showing no evidence of asbestos-induced lung disease. Furthermore, the Board determined that Miljkovic's psychiatric injury was barred by Labor Code Section 3208.3(h) because the employer's personnel actions, while potentially harsh, were lawful, non-discriminatory, and conducted in good faith. The Board clarified that good faith personnel actions constituted 50% of the cause of the psychiatric injury, consistent with case law.
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