Jason Gothard — ADJ10788304

Applicant Jason Gothard, a Sonoma County correctional officer, sought reconsideration of a WCJ's take-nothing order finding his psychiatric cumulative trauma injury was barred as substantially caused by a good faith personnel action (a February 6, 2017 meeting with two sergeants). QME Dr. Mosby attributed 55% (later 'at least 51%') of causation to that meeting, while PTP Dr. Staehle attributed only about 10%. The Appeals Board granted reconsideration, finding Dr. Mosby's causation opinion was not substantial medical evidence because he admitted he was 'guessing,' relied solely on the applicant's subjective lay belief, and repeatedly deferred to Dr. Staehle's opinion. The Board further found the February 6, 2017 meeting was not a 'personnel action' at all and, even if it were, was not held in good faith, since it was a self-serving meeting instigated by the sergeant applicant had reported. The Board rescinded the take-nothing order and held the claim is not barred under Labor Code section 3208.3(h), remanding for further development including a section 5701 regular physician review.