CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding Brenda Millender sustained a psychiatric injury due to her employment at Ford Motor Company. Ford argued the WCJ erred in finding actual employment events caused the injury, that medical evidence was insufficient, and that the injury stemmed from lawful personnel actions. The WCAB rescinded the award and returned the case to the trial level. This is because the WCJ did not properly analyze Ford's affirmative defense that the injury was substantially caused by good faith personnel actions, as required by Labor Code section 3208.3(h). The WCJ also failed to consider Ford's documentary evidence supporting its defense and misapplied the causation standard for good faith personnel actions.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding Brenda Millender sustained a psychiatric injury due to her employment at Ford Motor Company. Ford argued the WCJ erred in finding actual employment events caused the injury, that medical evidence was insufficient, and that the injury stemmed from lawful personnel actions. The WCAB rescinded the award and returned the case to the trial level. This is because the WCJ did not properly analyze Ford's affirmative defense that the injury was substantially caused by good faith personnel actions, as required by Labor Code section 3208.3(h). The WCJ also failed to consider Ford's documentary evidence supporting its defense and misapplied the causation standard for good faith personnel actions.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.