County of San Bernardino v. Workers' Compensation Appeals Board

[1471]Opinion

McKINSTER, J. County of San Bernardino (County) contends that the Workers’ Compensation Appeals Board (Board) erred when it awarded benefits to John McCoy for migraine headaches he suffered. It contends that any injuries he suffered were solely caused by the stress and related sequelae resulting from good faith personnel actions. As such, his injuries are not compensable under Labor Code section 3208.3, subdivision (h).1 We agree and, accordingly, we will annul the Board’s decision.

FACTUAL AND PROCEDURAL BACKGROUND

McCoy worked as an automated systems technician for the County. He filed a claim alleging a cumulative trauma injury to his psyche from July 2005 through January 19, 2006. On the first day of trial, he added a claim of injury in the form of migraine headaches.

It was claimed that the injuries arose out of and in the course and scope of his employment due to on-the-job stress caused by friction with his supervisor.

County argued that his psychiatric injuries were caused by lawful, nondiscriminatory, good faith personnel action so that any resulting disability was not compensable under section 3208.3, subdivision (h).

The workers’ compensation judge (WCJ) found that the injuries were not compensable as argued by County.

McCoy petitioned the Board for reconsideration, contending that the good faith personnel action provision did not apply to organic injuries, such as migraine headaches.

The WCJ recommended that reconsideration be denied, noting that the migraine headaches were a preexisting condition and the medical evidence indicated that McCoy experienced only a temporary exacerbation of the headaches due to the stress from the personnel actions. In other words, he did not suffer any compensable injury as a result of the migraine headaches.

The Board, however, granted the petition for reconsideration. While the WCJ did not err in denying benefits for the psychiatric injury, it concluded that section 3208.3, subdivision (h), did not bar compensation for migraines. Moreover, while McCoy may not have suffered permanent disability from his [1472]