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Lisa Polonsky-britt vs. Yuba City Unified School District, Permissibly Self-insured

Yuba City Unified School District, permissibly self-insured Lisa Polonsky-Britt WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALISA POLONSKY-BRITT, Applicant,vs.YUBA CITY UNIFIED SCHOOL DISTRICT, permissibly self-insured, Defendant(s).Case No. ADJ7068660OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the June 29, 2011 Findings and Award of the workers’ compensation administrative law judge (WCJ), who found that applicant did not incur compensable industrial injury to her psyche while employed by defendant as a teacher during the period October 10, 2008 through October 10, 2009, and ordered that she take nothing on her claim of industrial injury to her psyche.            Applicant contends that her psychiatric injury should be found to be compensable because actual events of employment were predominant as to all causes combined of her injury and the injury was not substantially caused by a lawful, nondiscriminatory, good faith personnel action of the employer.            An answer was received and the WCJ provided a Report and Recommendation on Petition for Reconsideration (Report).            Reconsideration is granted and the decision of the WCJ is rescinded as our Decision After Reconsideration. The report of the parties’ Agreed Medical Examiner is uncertain in addressing whether actual events of employment were predominant as to all causes combined of applicant’s psychiatric injury as described in Labor Code section 3208.3(b)(1), and it is not substantial medical evidence. In addition, the WCJ did not specify what he found to be lawful, nondiscriminatory, good faith personnel actions. For these reason, the case is returned to the trial level for development of the record and a new decision that clearly addresses whether actual events of employment were predominant as to all causes , combined of applicant’s psychiatric injury as described in Labor Code section 3208.3

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