RTGR Secures Dismissal using Good Faith Personnel Action Defense
- January 13th, 2021
- Lauren Zalona
- No comments
RTGR obtained a case DISMISSAL WITHOUT PAYMENT for a large technology company. A software engineer filed a repetitive stress claim for physical and psychiatric injury after a supervisor questioned her work performance. In addition to psych, the body parts claimed for this denied case included a full spectrum of orthopedic complaints involving the back and upper extremities.
Through strategic discovery and direction of the medical-legal process, RTGR developed support for a good faith personnel action defense as a complete bar to compensability. For this cumulative trauma claim with physical and psychiatric components, the defense was that the physical issues flowed from the psychiatric condition. Based on the good faith personnel action defense, the psychiatric injury was not compensable as it was a reaction to the negative performance review.
Following medical-legal reporting, applicant dismissed the case at the WCAB without any payment, rather than challenging the defense at trial.
A successful good faith personnel action defense requires diligent discovery and cooperation from the employer and relevant witnesses. Anytime a psychiatric injury is alleged, a good faith personnel action should be assessed, and this usually starts with a deposition of the applicant and a discussion with the employer. If you want to know more, or have questions about psychiatric claims, reach out to your local RTGR Office.