Moore, Candy

Applicant, a licensed vocational nurse, claimed a specific injury on May 6, 2022 when she was assaulted by an inmate-patient, including injury to her psyche. The WCJ found an industrial psychiatric injury and that the good faith personnel action (GFPA) defense under section 3208.3(h) did not apply. Defendant sought reconsideration, arguing the WCJ failed to comply with section 5313 in analyzing the GFPA defense. The Board granted reconsideration, rescinded the F&A, and substituted new findings affirming the psychiatric injury and that the claim is not barred by section 3208.3(h), while deferring other issues. The Board reasoned that QME Dr. Stowell found the assault was the predominant cause (65%) of the psychiatric injury, rendering the question of personnel actions moot for causation of injury, though the remaining 35% attributed to supervisor difficulties is properly addressed as apportionment of disability. The matter was returned to the WCJ for further proceedings, including possible supplemental reporting from the QME.