Tia Hernandez — ADJ15921770

Applicant Tia Hernandez, an LVN, claimed a psychiatric injury arising from workplace stress, including an anonymous drug-selling allegation that triggered a Department of Health investigation and mandatory suspension, removal of her name from a work database, a break-in at her office, and a deteriorating relationship with her supervisor. The WCJ found a compensable psychiatric injury AOE/COE and rejected the good faith personnel action defense because defendant introduced no employer witnesses to satisfy its burden under section 3208.3(h). Defendant sought reconsideration, accusing the WCJ of 'ignoring' and 'craftily omitting' evidence and making a 'false statement.' The Board affirmed the F&O, holding defendant failed to prove the personnel action defense, and imposed $250 in sanctions jointly and severally against defense attorney Steven J. Alves and the Alves Law Office under Labor Code section 5813 and WCAB Rule 10421(b)(9) for intemperate language impugning the WCJ's integrity.