Peter And June Cartwright; State Farm Insurance Company Rosa Hernandez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSA HERNANDEZ, Applicant,vs.PETER AND JUNE CARTWRIGHT; STATE FARM INSURANCE COMPANY, Defendants.Case No. ADJ260150 (SAL 0120528)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award June 21, 2011, wherein it was found that, while employed as a caregiver on December 13, 2007, applicant sustained industrial injury to her lumbar spine, lower extremities, and psyche, causing permanent disability of 38% and the need for further medical treatment. Defendant contends that the WCJ erred in finding industrial injury to the psyche, and consequent psyche permanent disability, arguing that applicant’s psyche injury was “substantially caused by a lawful, nondiscriminatory, good faith personnel action.” (Lab. Code, § 3208.3, subd. (h).) We have received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration. The defendant has the burden of proving that a psyche injury was substantially caused by a “lawful, nondiscriminatory, good faith personnel action.” (Lab. Code, § 3208.3, subd. (h) [“The burden of proof shall rest with the party asserting the issue,”].) We will deny the defendant’s petition for reconsideration, because it did not sustain its burden of showing that applicant’s termination was made in good faith. Applicant worked as a caregiver for June Cartwright. She sustained an industrial injury in December of 2007 when she fell, while assisting Ms. Cartwright into a van, so that Ms. Cartwright could make a medical appointment. After a period of temporary total disability, applicant returned to work for , Ms. Cartwright. Applicant was terminated on April 11, 2008. According to the report of agreed medical evaluator psychiatrist, Perry Segal, M.D.
