What the panel ordered
The WCAB granted defendant's Petition for Reconsideration, rescinded the May 21, 2024 Findings and Award, substituted new Findings of Fact, and returned the matter to the WCJ for further proceedings consistent with the decision.
Defendant sought reconsideration of the Findings and Award issued by the WCJ on May 21, 2024, which found applicant sustained an industrial psychiatric injury and rejected the good faith personnel action defense; the WCJ issued a Report and Recommendation to deny the petition; the WCAB granted reconsideration, rescinded the Findings and Award, substituted new findings, and returned the matter to the WCJ for further proceedings.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 WCJ and WCAB found that the good faith personnel action defense did not apply because the assault was the predominant cause of the psychiatric injury and defendant presented no evidence that the assault was a lawful, nondiscriminatory, good faith personnel action.
From the decision · page 1Defendant seeks reconsideration of the Findings and Award (F&A), issued by the workers' compensation administrative law judge (WCJ) on May 21, 2024, wherein the WCJ found in relevant part that applicant sustained an industrial psychiatric injury and that the defense of good faith personnel action pursuant to the Labor Code section1 3208.3(h) does not apply.