Cisneros, Maria

Maria Cisneros, a healthcare assistant for LAUSD, claimed a psychiatric injury arising from the denial of her medical accommodation request to exempt her from LAUSD's mandatory Covid-19 vaccination policy and her resulting forced separation from employment. The WCJ initially found her claim barred by the good faith personnel action defense under Labor Code section 3208.3(h) and Rolda. On reconsideration, the majority of the Appeals Board (Zalewski and Capurro) found that defendant failed to meet its burden of proving its personnel actions were lawful, nondiscriminatory, and in good faith, because the rules regarding duration of the accommodation, consideration of remote work, and the basis for granting other accommodations were unclear and suggested management may not have followed proper procedures. The Board granted reconsideration, rescinded the F&O, and substituted a finding that defendant did not meet its burden, returning the matter to the WCJ. Commissioner Razo dissented, adopting the WCJ's Report and finding the good faith personnel action defense was established.