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Regular DecisionReconsideration

Refugio Gonzalez vs. Swift Transportation, Gallagher Bassett

Filed: Jul 30, 2018
Van Nuys
ADJ10640336

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to amend a prior finding, extending the applicant's cumulative psychiatric injury date to her termination on October 7, 2016. The Board affirmed the finding of industrial injury, clarifying that Labor Code section 3208.3(e) applies, not general post-termination provisions, and that the applicant's prior medical treatment satisfied an exception. Furthermore, the Board found that the employer failed to prove the termination was a good faith personnel action, as the investigation into alleged alcohol possession was not objectively reasonable given a negative test and a disgruntled accuser.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to amend a prior finding, extending the applicant's cumulative psychiatric injury date to her termination on October 7, 2016. The Board affirmed the finding of industrial injury, clarifying that Labor Code section 3208.3(e) applies, not general post-termination provisions, and that the applicant's prior medical treatment satisfied an exception. Furthermore, the Board found that the employer failed to prove the termination was a good faith personnel action, as the investigation into alleged alcohol possession was not objectively reasonable given a negative test and a disgruntled accuser.

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