Barajas, Eduardo

Applicant Eduardo Barajas, a general manager, claimed an industrial psychiatric injury arising from a cumulative trauma period of 01/01/2021–12/13/2021. The PQME, Dr. Khodaparast, found that 40% of the injury was attributable to unrealistic workload assignments, 20% to alleged racial discrimination by his supervisor, and 40% to November 2021 disciplinary actions, concluding the injury was predominantly work-related. The WCJ found applicant met his burden of establishing an industrial psychiatric injury based on the credible PQME reporting and applicant's testimony. Defendant sought reconsideration arguing the claim was barred by the good faith personnel action (GFPA) defense under Labor Code section 3208.3(h). The WCAB denied reconsideration, holding that the GFPA affirmative defense was never raised on the formal record at any of the five trial dates or at the MSC and was therefore waived. The Board further noted that even if raised, the defense would have failed because racial discrimination and unrealistic workloads (60% of the injury) are not good faith personnel actions, and the disciplinary actions were not conducted in good faith.