Ml Dillard — ADJ12529330

Applicant, a 36-year-old systems administrator, alleged a psychiatric injury after a co-worker photographed him with a cell phone camera while he was using a restroom stall at work. The QME, Dr. Sanjay Agarwal, opined the psychiatric injury was predominantly caused by this single episode of harassment but deferred to the trier of fact on whether it resulted from 'actual events of employment' under Labor Code section 3208.3. The WCJ found the injury compensable, reasoning the employer-provided restroom facilities (with gaps under stall partitions) and the perpetrator's adjacent cubicle placement contributed positively to the injury beyond merely providing a stage. Defendant petitioned for reconsideration, contending the interaction was not an actual event of employment. The Board adopted the WCJ's report and denied reconsideration.