Julio Barron — ADJ10816406

Applicant Julio Barron, a teacher employed by CDCR at a state prison, claimed psychiatric injury during the period January 31, 2006 through March 3, 2017 arising from alleged false allegations, adverse actions, an inmate assault, and a stressful work environment. The WCJ found a compensable psychiatric injury, relying on the credible testimony of applicant and his witnesses and the substantial PQME opinion of Dr. Shari Mednitsky, who found actual employment events were the predominant cause (greater than 50%). The defendant raised the good-faith personnel action defense but presented no documentary evidence of the alleged personnel actions at trial. The WCAB denied reconsideration, adopting the WCJ's report, finding defendant failed to meet its burden under Labor Code section 3208.3(h). The Board also addressed timeliness under section 5909, invoking Shipley to find its time to act was tolled because the Board failed to act through no fault of the defendant.