CompFox AI Summary
The Board denied the Defendant's Petition for Reconsideration, affirming the WCJ's finding that applicant sustained psychiatric injury arising out of and occurring in the course of employment. The Board held that the department closure and employee transfers constituted general working conditions, not "personnel actions" as defined by Labor Code section 3208.3(h). Therefore, the Defendant failed to prove the claim was barred by the good faith personnel action defense. The Board also admonished defense counsel for unprofessional language used in the petition.
Full Decision Text1 Pages
The Board denied the Defendant's Petition for Reconsideration, affirming the WCJ's finding that applicant sustained psychiatric injury arising out of and occurring in the course of employment. The Board held that the department closure and employee transfers constituted general working conditions, not "personnel actions" as defined by Labor Code section 3208.3(h). Therefore, the Defendant failed to prove the claim was barred by the good faith personnel action defense. The Board also admonished defense counsel for unprofessional language used in the petition.
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