Rodriguez, Lorena

Lorena Rodriguez, an employment specialist for the permissibly self-insured City of Richmond, claimed a psychiatric injury arising from the City's failure to act on three recommended job upgrades to Employment Program Specialist II between July 2020 and 2021. Despite the upgrade being repeatedly recommended by her supervisors and the position being funded, it was never granted, and a new interim division head eventually offered only a probationary upgrade requiring her to 'prove herself again.' The WCJ found the claim compensable, concluding that defendant failed to meet its burden of proving the personnel action was a lawful, nondiscriminatory, good faith action because it did not show it followed its own institutional procedures. The WCAB denied reconsideration, holding the good faith personnel action defense was waived under Labor Code section 5502(e)(3) because it was not raised at the MSC or trial, and alternatively denying the petition on the merits.