Home/Case Law/SHEILA NEWTON vs. CEDARS SINAI HEALTH SYSTEM, TRISTAR RISK MANAGEMENT
Regular DecisionReconsideration

SHEILA NEWTON vs. CEDARS SINAI HEALTH SYSTEM, TRISTAR RISK MANAGEMENT

Filed: Nov 19, 2013
Santa Ana
ADJ6772563

CompFox AI Summary

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the finding that a registered nurse sustained a compensable psychiatric injury AOE/COE. The Board agreed with the Workers' Compensation Judge that the employer's conduct, specifically a meeting concerning coworker complaints and discussions of retirement, was not a lawful, nondiscriminatory, good faith personnel action. While the employer argued the meeting was a routine event based on objective complaints, the Board found the applicant's perception of age discrimination was objectively reasonable given her testimony and performance history. Therefore, the applicant's psychiatric injury claim remained compensable, entitling her to temporary and permanent disability benefits and future medical treatment.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the finding that a registered nurse sustained a compensable psychiatric injury AOE/COE. The Board agreed with the Workers' Compensation Judge that the employer's conduct, specifically a meeting concerning coworker complaints and discussions of retirement, was not a lawful, nondiscriminatory, good faith personnel action. While the employer argued the meeting was a routine event based on objective complaints, the Board found the applicant's perception of age discrimination was objectively reasonable given her testimony and performance history. Therefore, the applicant's psychiatric injury claim remained compensable, entitling her to temporary and permanent disability benefits and future medical treatment.

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