Lister, Elaine

Elaine Lister, a Supervising Investigator I for the California Department of Public Health, claimed a cumulative trauma psychiatric injury (8/13/2018–6/10/2019) arising from racism, false allegations, harassment, and disparagement by her supervisor John Beardsley. After six trial days, the WCJ found a compensable psychiatric injury, relying on the credible testimony of applicant and the collective reporting of panel QME psychologist Dr. David Brendel, who attributed predominant causation (70%) to industrial factors. The WCJ rejected the defendant's good-faith personnel action defense, finding the personnel actions were not nondiscriminatory or in good faith and that the defense witnesses (Beardsley and Morikawa) were not credible. Defendant petitioned for reconsideration, arguing applicant failed to establish predominant causation, that the Tamir Rice comments were not actual events of employment, and that the credibility findings were unsupported. The WCAB adopted and incorporated the WCJ's report and opinion and denied reconsideration.