Workers Compensation Psychiatric Injury Award Annulled.

Labor Code section 3208.3, subdivision (h), states a psychiatric injury is not compensable “if the injury was substantially caused by a lawful nondiscriminatory, good faith personnel action.” In this case, the worker sustained psychiatric injury after encountering trouble at work. An agreed medical evaluator concluded the injury was not substantially caused by personnel actions, and the Workers Compensation Appeals Board awarded compensation. The appellate court concluded the factual basis of the evaluator’s opinion did not constitute substantial evidence to support the opinion. The award was annulled and the matter remanded to the Board. County of Sacramento v. Worker’s Compensation Appeals Board  (Cal. App. Third Dist.;  April 22, 2013) (As Mod. May 1, 2013) (Case No. C067739).