Donna Puga — ADJ11641128, ADJ11641129

Applicant Donna Puga, a claims adjuster, claimed a psychiatric injury (ADJ11641129) and orthopedic injuries (ADJ11641128) during overlapping cumulative trauma periods. The psychiatric QME, Dr. Yatin Patel, attributed 45% of causation to harassment, humiliation, and a hostile work environment, 30% to a combination of personnel actions, and 25% to outside factors, finding actual employment events were the predominant cause. The WCJ found a compensable psychiatric injury AOE/COE with no temporary or permanent disability but awarded further medical treatment, and rejected the good faith personnel action defense. Defendant sought reconsideration arguing the section 3208.3 threshold was not met and that the section 3208.3(h) defense produced 55% non-industrial causation. The Board, adopting the WCJ's Report, affirmed, holding harassment and hostile work environment are not good faith personnel actions and the 30% personnel-action causation was insufficient to meet the 'substantial cause' threshold to bar the claim.