The Good Faith Personnel Action Defense. Recent cases remind us that there's a mulit-level process as enunciated in Rolda [66 CCC 241] to determine whether a psychiatric claim is barred by the good faith personnel action defense under LC 3208.3(h). The defendant, using expert medical evidence, must show that a personnel action (or actions) was at least a "substantial cause" (35 to 40%) of the psychiatric injury. The defendant must further show that the personnel actions were lawful, nondiscriminatory and done in good faith. Many employers erroneously believe that anything that arises from an employment interaction and that results in an injury constitutes a personnel action. These case alerts are brought to you by Rassp & Herlick, California Workers' Compensation Law.

Case #1: The WCAB affirmed the WCJ's finding that the applicant, a bank branch manager, suffered a compensable psychiatric injury for the period 1/1/2002 through 7/8/2009, when the AME in psychiatry opined that actual events, including construction work at the bank branch, reduction of bank customers because of construction work, and applicant's difficulty reaching productivity goals were the predominant causes of her psychiatric injury. Read more.

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Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get: 

• A 50 state survey at a glance of workers' comp-related legislation, including selected drug bills, with commentary from 27 defense attorneys, 16 claimant's attorneys, including California experts Robert G. Rassp and Melissa C. Brown, as well as National expert Thomas A. Robinson, stafff writer for Larson's Workers' Compensation Law
• In-depth analysis and insight on key issues, including exclusive remedy, medical marijuana, opt outs, Affordable Care Act & much more
• Larson's Spotlight on interesting cases for 2013, written by Thomas A. Robinson

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