Opinion

Respondent Workers’ Compensation Appeals Board (WCAB) has found that respondent Duncan Haylock (hereinafter also applicant) has sustained injury to his psyche arising out of and occurring in the course of his employment for petitioner Rockwell International (hereinafter Rockwell) as a consequence of disciplinary action taken by Rockwell against applicant. The discipline was imposed for alleged misconduct by applicant while on the employment premises. Rockwell challenges the WCAB’s finding of compensability under the Workers’ Compensation Act on the reasoning that since the conduct for which applicant was disciplined was outside the course of applicant’s employment then the resulting psychiatric problems as a consequence of such discipline cannot be held compensable. For the reasons stated herein, we annul the decision of the WCAB and remand the matter for further proceedings.

I

The pertinent facts and the analysis of the WCAB are set forth in WCAB’s opinion and order granting reconsideration in pertinent part as follows: “On February 1, 1980, applicant petitioned for reconsideration of the Findings and Order of January 11, 1980, wherein it was found [by the workers’ compensation judge] that applicant Haylock, a 30-year old custodian, did not sustain industrial injury to his nervous system during the period July 9, 1976 to November 20, 1976. .. . [Applicant] contends, in substance, that the workers’ compensation judge erred and is not supported by substantial evidence ... in failing to find that the injury herein arose out of and occurred in the course of applicant’s employment. ...

II

The question presented herein is what impact on the compensability of applicant’s claimed industrial injury is there whether or not the conduct for which applicant was disciplined was outside the course of applicant’s employment. The WCAB has concluded that, even assuming the conduct for which applicant was disciplined was outside the course of his employment, applicant’s psychiatric injury is covered under the Workers’ Compensation Act since such discipline arose out of the employment relationship. We, however, conclude to the contrary.

Recently in Pacific Tel. & Tel. Co. v. Workers’ Comp. Appeals Bd. (1980) 112 Cal.App.3d 241 [ 169 Cal.Rptr. 285 ], we were called upon to decide the compensability under the Workers’ Compensation Act of a psychiatric injury sustained by an advertising salesperson as the result of both the stress from an accusation by his employer (Pacific Telephone) that he had forged customer signatures on advertising contracts and the stress from the subsequent investigation by the employer of that accusation and the termination of his employment.

“We deem[ed] it beyond dispute that if [the employee] had not forged any signatures that any injury to his emotional state would be compensable under the Workers’ Compensation Act. This would be true even assuming Pacific Telephone had acted reasonably and properly in its accusation, investigation and discharge of [the employee]; the resulting psychiatric conditions would be concerned with [the employee’s] underlying legitimate conduct (entering into advertising contracts with customers) which, in fact, had been in the course of his employment. Negligence by the employer is not a condition of compensability under the Workers’ Compensation Act. (Lab. Code, § 3600, subd. (c).)” (Pacific Tel. & Tel. Co. v. Workers’ Comp. Appeals Bd., supra, 112 Cal.App.3d at p. 245 .)

We could not, however, “conceive of a realistic argument that [the employee] would be directly or indirectly serving his employer by the forging of contract signatures. Accordingly, [we held that any] injury sustained during the actual furtherance of the criminal activity of forgery would not be compensable.” (Pacific Tel. & Tel. Co., supra, 112 Cal.App.3d at p. 246 .) Noting that there “the claimed industrial injury was not sustained directly during the course of the alleged criminal activity but sustained as a consequence of the accusation, investigation and termination of [the employee],” we further held that if the employee “in fact engaged in the criminal act of forgery, his injury [as a consequence of the employer’s accusation, investigation and discharge of him] cannot be held compensable under the Workers’ Compensation Act, as his injury would not be a consequence of his employment but incidental to his criminal conduct.” (Pac. Tel. & Tel. Co., supra, 112 Cal.App.3d at pp. 246-247.)

The obvious difference between the present matter and Pacific Tel. & Tel. Co. is that here the conduct for which applicant was disciplined by the employer is noncriminal in nature. We do not, however, view this as a critical distinction in applying the reasoning of Pacific Tel. & Tel. Co. to the present matter.

It is clear that in Pacific Tel. & Tel. Co. the employee’s conduct of forging signatures on contracts (if indeed he did so) would be outside the course of employment. No rational distinction can be made between the treatment as to compensability under the Workers’ Compensation Act of criminal conduct and of noncriminal conduct which is also outside the course of employment. To hold otherwise would lead to some inconsistent results under the Workers’ Compensation Act.

Labor Code section 3600 excludes certain types of injuries from compensability under the Workers’ Compensation Act: an injury sustained as a proximate result of the employee’s intoxication (Lab. Code, § 3600, subd. (d)); intentionally self-inflicted injuries (subd. (e)); and, injuries arising “out of an altercation in which the injured employee is the initial physical aggressor” (subd. (g)). Thus, if for example the employer disciplines the employee for being the initial physical aggressor in an altercation at work, any stress-caused injury due to the employer’s disciplinary action should be no more compensable under the Workers’ Compensation Act than any injury sustained by the employee as a direct result of such altercation. Similarly, if an employee is disciplined by the employer for engaging in “horseplay” while at work (see Hodges v. Workers’ Comp. Appeals Bd. (1978) 82 Cal.App.3d 894 [ 147 Cal.Rptr. 546 ]; Argonaut Ins. Co. v. Workmen’s Comp. App. Bd. (1967) 247 Cal.App.2d 669 [ 55 Cal.Rptr. 810 ]), stress-related injury as a consequence of such discipline should be no more compensable under the act than any injury sustained directly during the course of such horseplay.

Accordingly, we hold that if applicant were disciplined for conduct outside the course of his employment, any injury sustained as a consequence of such discipline is not compensable under the Workers’ Compensation Act. Since the WCAB found it unnecessary to closely review the workers’ compensation judge’s finding on whether the conduct for which applicant was disciplined was outside the course of his employment, the matter will be remanded to the WCAB for a specific finding on that point. (Pacific Tel. & Tel. Co., supra, 112 Cal.App.3d at p. 247 .) In this regard, we observe that even the workers’ compensation judge noted that there were many unanswered questions concerning the circumstances surrounding the incident for which applicant was disciplined.

On remand, Rockwell, by its special defense, has the burden of proof by a preponderance of the evidence, that the conduct for which applicant was disciplined was outside the course of applicant’s employment. All reasonable doubts, however are to be resolved in favor of applicant. (Pacific Tel. & Tel. Co., supra, 112 Cal.App.2d at p. 247.)

Ill

The WCAB’s decision is annulled and the matter remanded to the WCAB for further proceedings as are consistent with our opinion herein.

Hastings, J., and Older, J., concurred.

The petition of respondent Haylock for a hearing by the Supreme Court was denied August 6, 1981. Kaus, J., did not participate therein.

Ross v. Workmen’s Comp. Appeals Bd. (1971) 21 Cal.App.3d 949, 955 [ 99 Cal.Rptr. 79 ]: “Claimant has the burden of proving a causal relationship between his employment and his injury, but he who claims a wrongdoing has the burden of proving that issue (Evid. Code, § 520), and all reasonable doubts as to whether an injury arose out of employment are to be resolved in employee’s favor. (Garza v. Workmen’s Comp. App. Bd. [(1970) 3 Cal.3d 312, 317 ( 90 Cal.Rptr. 355 , 475 P.2d 451 )]).” Assigned by the Chairperson of the Judicial Council.