County of San Bernardino v. Workers' Compensation Appeals Board
138 Cal. Rptr. 3d 328
Cal. Ct. App.2012Background
- McCoy, a County automated systems technician, claimed a cumulative trauma mental injury from July 2005 to January 19, 2006, and on the first day of trial added migraine headaches.
- The alleged injuries arose from on-the-job stress due to friction with his supervisor.
- County contends the psychiatric injuries were caused by good faith personnel actions and thus not compensable under Labor Code section 3208.3, subdivision (h).
- WCJ found the psychiatric injury not compensable; Board granted reconsideration but limited to temporary disability and medical treatment for migraines, remanding for further TD proceedings.
- County petitioned reconsideration arguing the good faith defense applies to migraines since stress aggravated a preexisting condition; Board denied reconsideration.
- Court annulled the Board’s decision, declining to extend the defense to migraines and remanding for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the good faith personnel action defense apply to physical injuries (migraine) arising from work stress? | McCoy argues the defense is inapplicable to physical injuries like migraines. | County contends the stress from good faith actions caused migraines and the defense should bar recovery. | Yes; the defense extends to physical manifestations solely caused by stress from good faith actions. |
| Are migraines a psychiatric injury under 3208.3(a)? | McCoy asserts migraines are not psychiatric injuries per the statute. | County relies on the statute and board interpretations limiting psychiatric injuries to DSM-defined conditions. | Migraines are not psychiatric injuries under 3208.3(a); but the physical manifestation can be barred by the good faith defense when solely stress-related. |
| Did the Board err in awarding temporary disability for migraines despite the good faith defense? | McCoy should receive benefits for migraines since the injury was not psychiatric. | Board correctly limited relief by applying the good faith defense to exclude compensable migraine-related TD. | Board order annulled; good faith defense precludes recovery for physical manifestations solely caused by stress from good faith actions. |
Key Cases Cited
- Pacific Gas & Electric Co. v. Workers’ Comp. Appeals Bd., 114 Cal.App.4th 1174 (Cal. App. 2004) (limits psychiatric benefits to deter fraud and abuse and guides interpretation of 3208.3)
- San Francisco Unified School Dist. v. Workers’ Comp. Appeals Board, 190 Cal.App.4th 1 (Cal. App. 2010) (independent legal review governs labor statute interpretation)
- Dickey v. Workers’ Comp. Appeals Bd., 224 Cal.App.3d 1460 (Cal. App. 1990) (supreme court transfer and review procedure for writs of review)
- Lamb v. Workers’ Comp. Appeals Bd., 11 Cal.3d 274 (Cal. 1974) (work-related stress causing physical injury can be compensable)