California: Judicial Factors of Consideration in Assessing Substantial Causation of Injury From Good Faith Personnel Actions

David Bryan Leonard, Esq. In San Francisco Unified School District v. W.C.A.B. (2010) 190 Cal. App. 4th 1, [ 117 Cal. Rptr. 3d 824, 2010 Cal. App. LEXIS 1943 ] , the Court concluded that all injurious factors, industrial and non-industrial, must be considered by the Court when determining whether...

California: Labor Code Section 3208.3(h) Applied to Migraine Headaches

The 4th District Court of Appeal has issued a decision on an issue which has been pending in an unresolved fashion since the early 1990s when Labor Code § 3208.3 was amended to provide that injuries arising from lawful good faith personnel actions. In County of San Bernardino v W.C.A.B. (McCoy)...

California: The Good Faith Personnel Action Defense

Recent cases remind us that there’s a multi-level process as enunciated in Rolda [66 CCC 241] to determine whether a psychiatric claim is barred by the good faith personnel action defense under LC 3208.3(h). The defendant, using expert medical evidence, must show that a personnel action (or actions...