CompFox AI Summary
The Appeals Board affirmed the Workers' Compensation Judge's decision, finding that the applicant's psychiatric injury claim is barred by the good faith personnel action defense under Labor Code section 3208.3(h). The denial of tenure was deemed a lawful, nondiscriminatory action that predominantly caused the applicant's psychiatric disability. The Board also determined that the applicant failed to present sufficient evidence to support claims of injury to his internal system, musculoskeletal system, and sleep disorder, and these claims would be barred if solely derived from the non-compensable psychiatric injury. The WCJ's credibility determination regarding the applicant's pursuit of these other claims was given great weight.
Full Decision Text1 Pages
The Appeals Board affirmed the Workers' Compensation Judge's decision, finding that the applicant's psychiatric injury claim is barred by the good faith personnel action defense under Labor Code section 3208.3(h). The denial of tenure was deemed a lawful, nondiscriminatory action that predominantly caused the applicant's psychiatric disability. The Board also determined that the applicant failed to present sufficient evidence to support claims of injury to his internal system, musculoskeletal system, and sleep disorder, and these claims would be barred if solely derived from the non-compensable psychiatric injury. The WCJ's credibility determination regarding the applicant's pursuit of these other claims was given great weight.
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