What the panel ordered
Order issued March 30, 2021, is rescinded; matter returned to WCJ for further proceedings consistent with the opinion after reconsideration.
Petition for reconsideration of the Findings and Order issued March 30, 2021, by the WCJ, granted to further study factual and legal issues; WCJ Report and Recommendation filed, recommending denial of reconsideration; WCAB rescinds the Findings and Order and returns the matter to the trial level for further proceedings consistent with the opinion after reconsideration.
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 WCJ found defendant's denial untimely, entitling applicant to presumption of compensability under section 5402(b), but also allowed defendant to raise the good faith personnel action defense under section 3208.3(h). The WCJ failed to perform the required Rolda analysis to determine if defendant met its burden of proof, so the findings were vacated and the matter remanded for further proceedings.
From the decision · page 1Applicant seeks reconsideration of the "Findings and Order" (F&O) issued on March 30, 2021, by the workers' compensation administrative law judge (WCJ). The WCJ found, in pertinent part that defendant's denial of applicant's claim of cumulative injury to her psyche and in the form of headaches, insomnia, and internal complaints was untimely and that applicant was entitled to the presumption of compensability pursuant to Labor Code2, section 5402(b)3; however, the WCJ further found that that applicant's injury to psyche was predominantly caused by lawful, non- discriminatory, good-faith personnel actions per section 3208.3(h) and ordered that applicant take nothing on her claim.