What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by defendant after decision on March 1, 2023, denying compensability of injury to psyche; WCJ report adopted and incorporated.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Defendant failed to prove that its action in rescinding the recommended upgrade was taken in good faith, as it did not follow its own procedures and no negative performance or other valid reason justified the rescission.
From the decision · page 1This matter proceeded to trial on February 15, 2023. The only issues framed for trial were temporary disability, permanent disability including apportionment, need for further medical treatment, and attorney fees. (Minutes of Hearing and Summary of Evidence (MOH/SOE), 2/15/23, at p. 2:24-32.) The affirmative defense of lawful, nondiscriminatory, good faith personnel action was not raised as an issue at either the mandatory settlement conference (MSC) or at trial. While it appears that this issue was actively litigated between the parties, issues not raised on the record at the first opportunity that they may properly be raised are waived. (Lab. Code, § 5502(e)(3), see also Gould v. Workers' Comp. Appeals Bd. (1992) 4 Cal.App.4th 1059 [57 Cal.Comp.Cases 157], Griffith v. Workers' Comp. Appeals Bd. (1989) 209 Cal.App.3d 1260 [54 Cal.Comp.Cases 145].) Even if we did not consider the affirmative defense of lawful, nondiscriminatory, good faith personnel action waived, we would deny defendant's petition on the merits for the reasons stated in the WCJ's Report.