What the panel ordered
Petition for Reconsideration granted; WCJ Findings and Award of December 28, 2023 rescinded; matter returned to WCJ for further proceedings.
Applicant seeks reconsideration of the Findings and Award issued by the WCJ on December 28, 2023, which found injury to psyche but barred recovery by good faith personnel action defense; WCJ Report recommended denial; WCAB grants reconsideration, rescinds WCJ decision, and returns matter for further proceedings.
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.
The WCAB found that the applicant sustained a compensable psychological injury arising out of and in the course of employment and that the good faith personnel action defense did not bar the claim, based on substantial medical evidence and testimonial evidence.
From the decision · page 1RECONSIDERATION Applicant seeks reconsideration1 of the Findings and Award, issued by the workers' compensation administrative law judge (WCJ) on December 28, 2023, wherein the WCJ found that applicant sustained injury arising out of and occurring in the course of employment (AOE/COE) to her psyche, but that applicant's recovery is barred by the good faith personnel action defense of Labor Code section2 3208.3. Applicant contends that defendant did not meet its burden of establishing the good faith personnel action defense. Although not a model of clarity, it appears that applicant also contends that the WCJ erred in finding her physical injuries barred by the good faith personnel action defense or, in the alternative, that the record should be developed with respect to applicant's cardiovascular condition. We have not received an answer from defendant. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that the Petition be denied. We have considered the allegations in the Petition and the contents of the Report with respect thereto. Based on our review of the record, and for the reasons discussed below, we will