UN CHU KO vs. COUNTY OF LOS ANGELES; PERMISSIBLY SELF-INSURED
The WCAB denied reconsideration, upholding the WCJ's finding that the applicant's psychological injury claim was barred due to lawful, nondiscriminatory, good-faith personnel actions.
Updated Daily
Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.
The WCAB denied reconsideration, upholding the WCJ's finding that the applicant's psychological injury claim was barred due to lawful, nondiscriminatory, good-faith personnel actions.
The WCAB affirmed the WCJ's decision denying reconsideration, finding the date of injury correct and that the employer did not meet its burden of proving the injury was substantially caused by lawful, nondiscriminatory, good faith personnel actions.
The WCAB rescinded the WCJ’s decision and found that applicant’s psychiatric injury is not compensable because her injury was substantially caused by her employer’s lawful, nondiscriminatory, good faith personnel actions. The shift change was a personnel action, resulting in 38.5% causation.
The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the administrative law judge's findings. The Board affirmed that the applicant sustained a psychiatric injury predominantly caused by actual employment events, specifically a retaliatory reassignment. Furthermore, the Board found the employer failed to establish that the reassignment was a lawful, nondiscriminatory, or good faith personnel action.
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed a prior decision finding the decedent's suicide compensable. The Board determined that the employer's investigation into missing funds, which led to the suicide, constituted a lawful, nondiscriminatory, good faith personnel action under Labor Code section 3208.3(h). Therefore, compensation for the suicide is barred, and the applicant is entitled to take nothing.
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought compensation for a psychiatric injury, but the WCJ found it was substantially caused by lawful, nondiscriminatory, good-faith personnel actions. The Board agreed that the applicant's demotion was a routine and reasonable employment event, thus barring compensation under Labor Code Section 3208.3(h). The applicant's injury was industrial, but the employer successfully demonstrated the exception applied.
The Appeals Board rescinded the prior award and returned the case to the trial level for further proceedings. The Board found the original decision on the good faith personnel action defense was unclear and required further development. Specifically, the WCJ must clarify which events constituted lawful, nondiscriminatory, good faith personnel actions. The parties will then need to re-address whether these specific actions were a substantial cause of the applicant's psychiatric injury with the medical evaluator.
This case involves a workers' compensation claim for a psychiatric injury. The applicant alleged her injury resulted from unlawful personnel actions by her employer. The administrative law judge found that while several employment events contributed to the injury, they were all lawful, nondiscriminatory, and good-faith personnel actions. The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the judge's findings. The Board determined the judge's decision was supported by substantial evidence in the record.
The Appeals Board granted reconsideration to address the apportionment of psychiatric permanent disability. The Board clarified that Labor Code section 3208.3(h) pertains to the causation of the injury itself, not the apportionment of permanent disability. Therefore, lawful nondiscriminatory personnel actions, which did not meet the 35% causation threshold for non-compensability, cannot be used to apportion permanent disability under Labor Code section 4663. Accordingly, the applicant's permanent disability was increased from 19% to 22%.
This case involves an applicant claiming a psychiatric injury. The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the finding that actual employment events predominantly caused the applicant's psychiatric injury. The employer failed to prove that any alleged personnel actions were lawful, nondiscriminatory, and in good faith, thus failing to establish a defense against compensability. Therefore, the court found no need for a further analysis of whether such actions substantially caused the injury.
Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.