What the panel treated as outcome-determinative, and which side it favoured.
Applicant sustained a mental disorder causing disability diagnosed under proper criteria.
Favours Applicant prevailed
This established the compensable psychiatric injury under Labor Code Section 3208.3(a).
From the decision · page 8Here, the record shows that applicant sustained a mental disorder which causes disability
or need for treatment which was diagnosed under the proper criteria and was substantially caused
by applicant's suspension and termination. (Joint Ex. 1, PQME report of Zara Ashikyan, Ph.D.,
dated September 16, 2021, pp. 34-39.) The WCJ's finding that applicant did not sustain injury on
the grounds that it could not have resulted from actual events of employment is thus without
support. (Opinion on Decision, pp. 3-4.) After all, applicant's suspension and termination
constitute actual events of employment. Accordingly, we will substitute a finding that applicant
sustained injury AOE/COE to her psyche.
Applicant's suspension and termination were actual events of employment causing psychological injury.
Favours Applicant prevailed
These events were found to be predominant causes of the psychiatric injury.
From the decision · page 8Here, the record shows that applicant sustained a mental disorder which causes disability
or need for treatment which was diagnosed under the proper criteria and was substantially caused
by applicant's suspension and termination. (Joint Ex. 1, PQME report of Zara Ashikyan, Ph.D.,
dated September 16, 2021, pp. 34-39.) The WCJ's finding that applicant did not sustain injury on
the grounds that it could not have resulted from actual events of employment is thus without
support. (Opinion on Decision, pp. 3-4.) After all, applicant's suspension and termination
constitute actual events of employment. Accordingly, we will substitute a finding that applicant
sustained injury AOE/COE to her psyche.
Applicant's testimony about racial epithet note left by co-worker constituted objective evidence of harassment.
Favours Applicant prevailed
This supported the finding that injury resulted from actual events of employment.
Record lacks evaluation whether defendant's personnel actions were lawful, nondiscriminatory and in good faith.
Favours neutral
This led to deferral of the good faith personnel action defense issue.
From the decision · page 10Accordingly, we will substitute a finding that defers the issue of whether defendant
established its good faith personnel action defense by showing that the personnel actions of
applicant's suspension and termination were lawful, nondiscriminatory and in good faith.