Gao, Limin

Applicant Limin Gao, a reservoir engineer, claimed a cumulative trauma psychiatric injury sustained during employment at Chevron from May 2, 2014 to July 2, 2015. The WCJ found the claim barred under Labor Code section 3208.3(h) because 55% of the injury was caused by good faith personnel actions, exceeding the 35-40% substantial cause threshold. On reconsideration, the WCAB panel applied the Rolda multilevel analysis and concluded that defendant, who bore the burden of proof, failed to establish that many of the QME's identified factors were personnel actions rather than general working conditions or criticism unrelated to employment status. The Board found only 28% of the injury was attributable to personnel actions—below the statutory threshold—and therefore the claim was not barred. The panel granted reconsideration, rescinded the F&O, and substituted a finding that applicant suffered a compensable AOE/COE psyche injury, returning the matter to the WCJ. Commissioner Razo dissented, agreeing with the WCJ's original finding.