Brown, Khadijah

Applicant Khadijah Brown, a medical assistant, claimed a psychiatric injury arising from a workplace incident in which a co-worker left a note on her computer containing a racial epithet (the 'N-word'), followed by her suspension and termination for alleged violation of the company harassment policy. The WCJ found no AOE/COE psychiatric injury, concluding there were no actual events of employment and that defendant established a good faith personnel action defense under Labor Code section 3208.3(b)(1). The PQME, Dr. Zara Ashikyan, found applicant's psychiatric injury was predominantly (greater than 50%) caused by workplace stress stemming from the suspension and termination. The Appeals Board granted reconsideration, rescinded the F&O, and substituted findings that applicant sustained psychiatric injury AOE/COE resulting from actual events of employment (the suspension, termination, and co-worker harassment), and deferred the issue of the good faith personnel action defense. The matter was returned to the trial level for further proceedings consistent with the decision, including the Rolda analysis.