Villafana

FACTS AND PROCEDURAL SUMMARY

We have borrowed the relevant facts and procedural summary from our opinion in case No. B244114. In October 1991, appellant, a social worker with the Los Angeles County Department of Children and Family Services, noticed that a fellow employee had left a child and parent unsupervised in what was supposed to be a monitored visitation. During the unmonitored portion of the visitation, the parent molested the child. Appellant reported this incident to his supervisor and other individuals in 1991, 1996, 1998, 1999, 2000, 2004 and 2008. He took time off from work frequently, claiming stress caused by the incident and by respondent’s failure to investigate it. His last day at work was on March 20, 2000. In September 2003, appellant was certified “permanently psychiatrically disabled.” In December 2004, he was approved for Social Security disability benefits based on “total disability” as of September 2000.

Before July 2008, several psychiatric reports indicated that appellant would be able to work on a part-time basis in a limited number of jobs. However, in July 2008, a psychiatrist certified that appellant was completely unable to work. In October…