CompFox AI Summary
This case involves a worker claiming psychiatric injury. The defendant seeks to dismiss the claim based on the "good faith personnel action" defense under Labor Code section 3208.3(h). The Workers' Compensation Appeals Board (WCAB) granted reconsideration because the administrative law judge (WCALJ) failed to address the elements of this defense. The WCAB rescinded the previous findings and returned the case for further proceedings, requiring the WCALJ to specifically address whether the personnel actions were lawful, nondiscriminatory, and in good faith, and if they substantially caused the injury.
Full Decision Text1 Pages
This case involves a worker claiming psychiatric injury. The defendant seeks to dismiss the claim based on the "good faith personnel action" defense under Labor Code section 3208.3(h). The Workers' Compensation Appeals Board (WCAB) granted reconsideration because the administrative law judge (WCALJ) failed to address the elements of this defense. The WCAB rescinded the previous findings and returned the case for further proceedings, requiring the WCALJ to specifically address whether the personnel actions were lawful, nondiscriminatory, and in good faith, and if they substantially caused the injury.
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