CompFox AI Summary
This case concerns applicant Keith Whitmore's claim for a psychiatric injury allegedly caused by cumulative trauma and personnel actions at Metropolitan State Hospital. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior finding that barred his claim under Labor Code section 3208.3(h), which exempts injuries caused by lawful, good faith personnel actions. The WCAB found that the defendant hospital failed to meet its burden of proving its personnel actions were lawful, non-discriminatory, and in good faith, overturning the prior decision. Therefore, the WCAB found that Whitmore sustained an industrial injury to his psychological system, though his claims for neurological and central nervous system injuries were not disturbed.
Full Decision Text1 Pages
This case concerns applicant Keith Whitmore's claim for a psychiatric injury allegedly caused by cumulative trauma and personnel actions at Metropolitan State Hospital. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior finding that barred his claim under Labor Code section 3208.3(h), which exempts injuries caused by lawful, good faith personnel actions. The WCAB found that the defendant hospital failed to meet its burden of proving its personnel actions were lawful, non-discriminatory, and in good faith, overturning the prior decision. Therefore, the WCAB found that Whitmore sustained an industrial injury to his psychological system, though his claims for neurological and central nervous system injuries were not disturbed.
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