Save Mart Stores v. Workers' Compensation Appeals Board
Opinion
Opinion
Buckley, J.
In this opinion, we hold that one is not a qualified injured worker within the meaning of the workers’ compensation law merely because of an inability to coexist with other workers or supervisors, so long as an equivalent position is available at the same place of employment.
Factual and Procedural History
On May 15, 1986, Julie Gwin filed an application for workers’ compensation benefits, alleging that between March 22, 1985, and March 21, 1986, she sustained injury to her psyche from stress related to her employment as an administrative assistant with petitioner Save Mart Stores (Save Mart) in Modesto, California, and more specifically attributed to her immediate supervisor, Jerry Sauer.
On April 24, 1987, Gwin requested and was awarded rehabilitation services by the Rehabilitation Bureau. Thereafter, she requested a temporary suspension of those services until after the delivery of her second child due later that year. The rehabilitation counselor was in agreement and recommended that further services be interrupted.
On April 7, 1989, Gwin filed a form RB-104 with the Rehabilitation Bureau requesting an order for reinstatement of rehabilitation benefits.