Airlines
interpretation of section 3208.3 (b) (1)
decision that was
published.
decision involving a
claim for psychiatric
harassment. The applicant alleged
that the supervisor and other
employees had harassed her and
persecuted her. The supervisor
and other employees recalled
conditions much differently than
the applicant perceived them.
inflexible with other employees.
There was testimony from
multiple employees as to the
applicant's behavior.
(WCJ). The WCJ found the
applicant did not meet the burden
under Labor Code section 3208.3
in that these events were not
"actual events of employment"
that were the "predominant
cause" of her problems. She was
not the subject of harassment or
persecution but brought the
disdain of fellow workers on
herself. The Workers'
Compensation Appeals Board
(WCAB) agreed on review.
under the facts of this case. They
reviewed 3208.3 (b) (1) and (h).
reactions" of a supervisor and
co-workers do not constitute
"actual events of employment" in
this fact pattern. There must be
an "event", "something that takes
place". It also must arise " out of
the working relationship".
compensability that was
established by the legislature in
adopting 3208 and will generally
not allow the applicants
perception standing alone.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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