CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that applicant's psychiatric injury was barred by Labor Code section 3208.3(h) as a result of a lawful personnel action. The WCAB determined that the reassignment of duties, requiring the applicant to work the switchboard, constituted stressful working conditions rather than a "personnel action" specifically directed at the applicant's employment status. Therefore, the Board substituted a finding that the applicant sustained injury to his psyche arising out of and in the course of employment. One commissioner dissented, opining that the reassignment was a personnel action that met the statutory criteria for precluding compensation.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that applicant's psychiatric injury was barred by Labor Code section 3208.3(h) as a result of a lawful personnel action. The WCAB determined that the reassignment of duties, requiring the applicant to work the switchboard, constituted stressful working conditions rather than a "personnel action" specifically directed at the applicant's employment status. Therefore, the Board substituted a finding that the applicant sustained injury to his psyche arising out of and in the course of employment. One commissioner dissented, opining that the reassignment was a personnel action that met the statutory criteria for precluding compensation.
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