Asarulislam Syed — ADJ8539095

Applicant Asarulislam Syed, a Chief Psychiatrist at Kern Valley State Prison, claimed psychiatric injury over a cumulative period from 2001 to 2012. The WCJ found compensable industrial injury to the psyche and concluded the injury was not substantially caused by lawful, nondiscriminatory, good faith personnel action. Defendant sought reconsideration, arguing applicant's injury arose from misperceptions of reality rather than actual events of employment, and that the appointments of two non-physician supervisors (Dr. Bindler and Mr. Mason) to Chief of Mental Health were good faith personnel actions barring compensation under Labor Code section 3208.3(h). The Board affirmed, finding that the AME's causation analysis identified actual employment events comprising 65% causation (exceeding the predominant cause threshold), and that the appointments of others to supervisory positions were generalized administrative actions, not personnel actions directed at applicant. The Board distinguished directed personnel actions from generalized administrative decisions, holding defendant failed to meet its burden under section 3208.3(h).