Siretskiy, Vyacheslav

Applicant, a registered nurse for Good Samaritan Hospital, sustained cumulative trauma injury to his back, psyche, right knee, and left knee, resulting in a 60% permanent disability rating, with 37% of the psychiatric PD apportioned to the direct impact of his night shift work. Defendant sought reconsideration, arguing the WCJ failed to analyze the psyche claim under Rolda v. Pitney Bowes regarding the good faith personnel action defense. The Board denied reconsideration, holding that defendant failed to properly raise and prove the good faith personnel action defense at trial—a mere reference in the Pretrial Conference Statement was insufficient. The Board further found that applicant's psychiatric injury stemmed from general working conditions (sleep disturbance from shift work) rather than any personnel action, making Rolda inapplicable. The Board also admonished defense counsel for citing an unpublished decision and improperly attaching documents to the petition.