WCAB

City of Oakland v. Workers' Compensation Appeals Board

Good Law
120 Cal. Rptr. 2d 873·2002 Cal. App. LEXIS 4227·2002 Daily Journal DAR 6539·99 Cal. App. 4th 261·67 Cal. Comp. Cases 705
Court of Appeal of CaliforniaJune 11, 2002A095800California3,241 words

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…

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