Danielle Holly Kaplan — ADJ17306191

Applicant Danielle Holly Kaplan, a Laboratory Technician for the City of Anaheim, claimed a cumulative psychiatric injury ending December 16, 2022. The WCJ found compensable industrial psyche injury, holding that defendant failed to meet its burden under Labor Code section 3208.3(h) of proving its good faith personnel action defense. Although defendant proved that 25% of the injury was caused by lawful, nondiscriminatory, good faith personnel actions, this fell short of the 35% statutory minimum for 'substantial cause' under section 3208.3(b)(3). The key failure was that defendant offered no evidence whatsoever explaining the July 22, 2022 probationary release/demotion (apportioned 40% by the PQME) or the September 8, 2021 probationary release (apportioned 5%). The WCAB denied reconsideration, adopting and incorporating the WCJ's Report.