What the panel ordered
Findings and Award rescinded; matter returned to WCJ for new decision
Petition for Reconsideration granted; prior Findings and Award rescinded; matter returned to WCJ for new decision
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
AOE/COERemandedpsychiatric injury
The Appeals Board found that the WCJ did not perform the required detailed Rolda analysis for the good faith personnel action defense, which is necessary to determine compensability under Labor Code section 3208.3. Therefore, the prior Findings and Award were rescinded and the matter was remanded for a new decision including this analysis.
From the decision · page 3Our review of the record indicates that although the good faith personnel action defense was an issue submitted for decision neither the Opinion on Decision nor the Report, includes a detailed Rolda analysis. Thus, it is appropriate that we rescind the F&A and upon return of the matter to the WCJ, we recommend that he issue a new decision that includes the detailed Rolda analysis as discussed above. It is also important to note that the evidence submitted by the parties regarding the issues raised by applicant's psychiatric injury claim be considered in the context of the Labor Code section 3202.5 preponderance of evidence standard. (Lab. Code, § 3202.5.)