Knerl, Scott

Scott Knerl, a Senior Special Agent for CDCR, claimed a cumulative trauma psychiatric injury (CT through February 14, 2022) arising from reporting an attorney's misconduct and subsequent retaliation through an investigation of harassment accusations against him. The WCJ found a compensable psychiatric injury based on the report of psychiatric QME Dr. Brian Jacks, who opined that work stress predominantly caused the injury (with 70% attributed to retaliation/investigation and 10% to frustration in reporting), and awarded 27% permanent disability after apportionment. Defendant sought reconsideration arguing actual events of employment were not the predominant cause and, alternatively, that the matter should be remanded for discovery on the good faith personnel action defense. The WCAB denied reconsideration, finding Dr. Jacks' opinion constituted substantial evidence and that the good faith personnel action defense was waived because defense counsel expressly abandoned it at trial.