John Morley — ADJ12524191

Firefighter John Morley claimed a psychiatric injury arising from his employment with the Livermore-Pleasanton Fire Department. The WCJ found in Findings of Fact number 2 that the employer's actions on three dates were lawful and nondiscriminatory but were 'presented in a manner that was in bad faith,' while concluding compensability could not be determined on the available record and ordering further development. Defendant petitioned for removal, which the Board treated as a petition for reconsideration because the decision resolved a threshold employment issue. The Board held that a finding regarding bad faith cannot be made independently of the complete multilevel analysis required under Rolda v. Pitney Bowes. The Board rescinded the WCJ's decision, struck Findings of Fact number 2, substituted a new Findings and Order, and returned the matter to the trial level for further development of the record and clarification of issues.