WCAB
City of Oakland v. Workers' Compensation Appeals Board
Opinion
Opinion
Ruvolo, J.
I.
“No compensation . . . shall be paid by an employer for a psychiatric injury if the injury was substantially caused by a lawful, nondiscriminatory, good faith personnel action. The burden of proof shall rest with the party asserting the issue.” (Lab. Code, § 3208.3, subd. (h).)
The City of Oakland (Oakland) challenges a Workers’ Compensation Appeals Board (Board) decision awarding temporary and permanent psychiatric disability payments to David Gullet (Gullet), a supervising employee demoted during a citywide reduction in force. The Board concluded the demotion did not qualify as a “good faith” personnel action because management personnel misled Gullet about the possibility he would avoid the demotion by accepting a different position. We conclude the Board erred by applying an incorrect standard in evaluating the conduct and in concluding Oakland did not meet its burden of demonstrating good faith. Therefore, we vacate the Board’s decision.
II.
Gullet was employed by Oakland’s Parks and Recreation Department for approximately 30 years and rose through the ranks to parks supervisor II, where he also held the positions of acting area administrator and zone…