CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, finding the WCJ erred in applying the good faith personnel action defense to the applicant's migraine headaches. While the WCJ correctly denied the psychiatric injury claim under Labor Code section 3208.3(h), the Board determined this defense does not bar compensation for temporary disability or medical treatment caused by the industrially-related migraines. The case is remanded for further proceedings to award benefits for the applicant's migraines as supported by the Agreed Medical Evaluator's findings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, finding the WCJ erred in applying the good faith personnel action defense to the applicant's migraine headaches. While the WCJ correctly denied the psychiatric injury claim under Labor Code section 3208.3(h), the Board determined this defense does not bar compensation for temporary disability or medical treatment caused by the industrially-related migraines. The case is remanded for further proceedings to award benefits for the applicant's migraines as supported by the Agreed Medical Evaluator's findings.
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