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The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that applicant's psychiatric injury was barred by Labor Code section 3208.3(h) as a result of a lawful personnel action. The WCAB determined that the reassignment of duties, requiring the applicant to work the switchboard, constituted stressful working conditions rather than a personnel action specifically directed at the applicant's employment status. Therefore, the Board substituted a finding that the applicant sustained injury to his psyche arising out of and in the course of employment. One commissioner dissented, opining that the reassignment was a personnel action that met the statutory criteria for precluding compensation.
JOSE GARCIA vs. COUNTY OF RIVERSIDE is a workers' compensation case decided in Riverside. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Riverside.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that applicant's psychiatric injury was barred by Labor Code section 3208.3(h) as a result of a lawful personnel action. The WCAB determined that the reassignment of duties, requiring the applicant to work the switchboard, constituted stressful working conditions rather than a "personnel action" specifically directed at the applicant's employment status. Therefore, the Board substituted a finding that the applicant sustained injury to his psyche arising out of and in the course of employment. One commissioner dissented, opining that the reassignment was a personnel action that met the statutory criteria for precluding compensation.
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