else. After the affair ended, gossip
took place at the workplace. This
included name calling like "tramp".
The applicant asked the supervisor
to stop the name calling, which he
did. The applicant filed a
psychiatric claim.
industrial and the defense found it
nonindustrial. At trial, the workers'
compensation judge (WCJ) found
the injury nonindustrial. The
applicant filed a petition for
reconsideration. The Workers'
Compensation Appeals Board
(WCAB) overruled the WCJ.
several prior cases. It is not
sufficient that an applicant's duties
merely provides a stage for their
injury. The employment cannot be a
mere passive element that a
nonindustrial condition focuses on.
The industrial injury must take an
"active" or "positive" role in the
development of the psychiatric
therefore, a citeable case. It
establishes specifically what is not
a compensable psychiatric case.
problems were the rumors and
gossip about the applicant. These
stemmed from acts about the
applicant's personal life that all
occurred off the job and no
connection with her employment.
an employee's personal life is not
part of the employment
relationship. The court agreed with
the WCJ that the employee's
personal life is not part of the
employee-employer relationship
and therefore is not compensable.
DISTRICT V.
the School District. She admitted
having an affair with a coworker
Firm: Samuelsen, Gonzalez,
Valenzuela, Brown and Mann
Address: 441 old Newport Blvd #
105, Newport Beach, CA 92663
Phone: 949 574-7835
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