Thorn, Quinton

Applicant Quinton Thorn, a receptionist at Forbix Capital Corp., filed a cumulative psychiatric injury claim alleging sexual harassment and discrimination based on gender identity. The WCJ found the claim barred under the post-termination defense of Labor Code section 3600(a)(10) and also opined that the dress-code interactions were a good faith personnel action. On reconsideration, the WCAB held the WCJ applied the wrong statute, because psychiatric post-termination claims are governed by section 3208.3(e), not 3600(a)(10). The Board also found the WCJ failed to conduct the required Rolda analysis for the good faith personnel action defense and raised that defense sua sponte without giving the parties an opportunity to present evidence, violating due process. The Board rescinded the Findings of Fact and remanded for application of the proper legal standard, including the section 5412 date of injury determination and the sexual harassment exception under 3208.3(e)(4).