WCAB (2002) 99 Cal. App.4th 261 to
determine that the employer must be
given a degree of freedom "in
making its regular and routine
personnel decisions (such as
discipline, work evaluation, transfer,
demotion, layoff, or termination.) If
the employer's conduct meets the
objective reasonableness standard,
section 3208.3's exemption applies".
"the totality of the circumstances".
"To be in good faith, the personnel
action must be done in a manner that
is lacking in outrageous conduct, is
honest and with a sincere purpose, is
without intent to mislead, deceive, or
defraud, and is without collusion or
unlawful design."
employer was mandated to
investigate by law, therefore, it was
in good faith.
at work until he received his final
warning notice as the result of the
employer level investigation.
(WCJ) found the psychiatric injury
industrial relying on the applicant's
testimony and the applicant's medical
reports alleging harassment of the
applicant. The defendant filed a
Petition for Reconsideration. The
Workers' Compensation Appeals
Board (WCAB) denied reconsideration
and adopted the WCP's opinion.
they must review the entire record to
see if board's opinion was based on
substantial evidence. They indicated
that the right to receive benefits for a
psychiatric injury is described in Labor
Code section 3208.3. The relevant
exception to a finding of
compensability is in 3208.3 (h).
nondiscriminatory, good faith
personnel action. They looked at the
case of Cotran v. Rolling Hudig Hall
Internat, (1998) 17 Cal.43th 93 to assess
the objective reasonableness of the
employers actions. They looked at the
"objective good faith standard."
certified for partial publication
has reviewed the good faith
personnel action defense in a
psychiatric case.
Grumman v.
WCAB (Graves)
employees for his employer. During
the course of the training it was
alleged that the applicant
discriminated against one of the
employees. The employer initiated an
investigation of the alleged racial
discrimination. After the investigation
the applicant was given a final
warning notice by the employer.
workers' compensation benefits for a
psychiatric condition caused by this
allegation of racial discrimination. The
applicant testified at his workers'
compensation
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