What the panel ordered
Findings and Award of March 4, 2020 rescinded; matter returned to WCJ for new decision
Petition for Reconsideration granted to further study factual and legal issues; Findings and Award rescinded and matter returned to WCJ for new decision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/COERemandedpsyche
The Appeals Board found the WCJ's original decision lacked a detailed Rolda analysis on the good faith personnel action defense, requiring remand for further factual and legal study.
From the decision · page 3(a) A psychiatric injury shall be compensable if it is a mental disorder which causes disability or need for medical treatment,... ... (b)(3) For the purposes of this section, "substantial cause" means at least 35 to 40 percent of the causation from all sources combined. ... (h) No compensation under this division shall be paid by an employer for a psychiatric injury if the injury was substantially caused by a lawful, nondiscriminatory, good faith personnel action. The burden of proof shall rest with the party asserting the issue. (Lab. Code, § 3208.3)