CompFox AI Summary
This case concerns applicant Peggy Miller's claim for a psychiatric injury allegedly arising from a verbal dispute with her supervisor over medication administration. The Workers' Compensation Appeals Board (WCAB) denied her petition for reconsideration of a prior finding that her injury was not compensable. The WCAB majority adopted the judge's report concluding the incident was a lawful, non-discriminatory, good faith personnel action and not a compensable industrial injury. However, one commissioner dissented, arguing the supervisor's directive to administer medication contrary to physician's orders was unlawful, thus not a "lawful, nondiscriminatory, good faith personnel action" under Labor Code section 3208.3(h).
Full Decision Text1 Pages
This case concerns applicant Peggy Miller's claim for a psychiatric injury allegedly arising from a verbal dispute with her supervisor over medication administration. The Workers' Compensation Appeals Board (WCAB) denied her petition for reconsideration of a prior finding that her injury was not compensable. The WCAB majority adopted the judge's report concluding the incident was a lawful, non-discriminatory, good faith personnel action and not a compensable industrial injury. However, one commissioner dissented, arguing the supervisor's directive to administer medication contrary to physician's orders was unlawful, thus not a "lawful, nondiscriminatory, good faith personnel action" under Labor Code section 3208.3(h).
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