Dyana Yanny — ADJ11340244

Applicant Dyana Yanny, an Accounts Payable Clerk, claimed a continuous trauma psychiatric injury (June 17, 2015 through May 22, 2018) which defendant denied. The QME, Dr. Susan Marusak, found 90% industrial causation but deferred to the Trier-of-Fact whether the alleged stress, harassment, and mistreatment (70%) were 'actual events of employment.' The WCJ found applicant not credible, found defense witnesses credible, and concluded the workplace events were good faith personnel actions to address applicant's attendance and performance problems, barring compensation under Labor Code section 3208.3(h). On reconsideration, the WCAB majority (Lowe and Razo) affirmed the take-nothing order, adopting the WCJ's credibility determinations, while Commissioner Sweeney dissented, arguing the record likely supported a work-overload theory and the QME should be asked to clarify whether actual events caused the injury.