Virginia Marin — ADJ20949280

Applicant Virginia Marin, a waitress, claimed a psychiatric injury (stress/anxiety) arising from workplace conflicts with her manager Carlos and coworker Elsa over a cumulative period ending May 9, 2025. The WCJ found no compensable injury and that defendant established the good faith personnel action defense under Labor Code section 3208.3(h). Applicant filed a timely, verified but poorly articulated pro per Petition for Reconsideration alleging new evidence and ongoing harassment. The Board granted reconsideration, holding that PQME Dr. Allen's psychiatric reports were not substantial evidence because they failed to explain the reasoning behind the assigned causation percentages—particularly the convenient 35% attribution to the write-up matching the legal threshold for the good faith personnel action defense. The Board rescinded the F&O and returned the matter to the trial level for a supplemental report from Dr. Allen and further proceedings.