WCAB

Carrie Geredes, an employee of petitioner Atascadero Unified School District (District), filed an application for workers’ compensation alleging that, as the result of workplace gossip about her extramarital affair with a coworker, she suffered a compensable psychiatric injury. The workers’ compensation judge (WCJ) ruled against her. The Workers’ Compensation Appeals Board (WCAB) overruled the judge. We annul the WCAB’s ruling because, as a matter of law, an injury caused by workplace gossip about an employee’s personal life does not arise out of employment.

Facts

The facts are undisputed. Geredes is a bus driver/instractor for the District. She and a coworker had an affair while each was married to someone else. They made no effort to conceal the affair, and they often were seen together during working hours. The affair ended and, soon after, Geredes was told by a coworker thát her former paramour, a second married man she allegedly was pursuing, and that man’s wife were gossiping about the affair at work. Purportedly, the gossip included name calling, including “tramp” and “husband stealer.” After Geredes became aware of the gossip, she asked her supervisor to take…