Sally Larch (Fleming)

Sally Larch, a Deputy Sheriff/Sergeant with Contra Costa County, filed a psychiatric injury claim arising from various workplace events from 1992 to June 28, 1994, including a confrontation by Sergeant Knutson about her handling of an inter-shift conflict. The WCR found that although applicant had a psychiatric condition and actual employment events were predominant as to all causes, the claim was barred under Labor Code section 3208.3(h) because the injury was substantially caused by lawful, nondiscriminatory, good faith personnel actions. Applicant sought reconsideration, arguing the WCR improperly broadened 'personnel action' to include criticism by a non-supervisor that did not affect her employment status. The Appeals Board granted reconsideration to study the issues but ultimately affirmed the WCR, adopting his analysis that a personnel action is conduct by or attributable to management and need not directly affect employment status. The Board concluded Sergeant Knutson's confrontation and Lieutenant Rodriguez's actions at the Richmond facility were good faith personnel actions that substantially caused the psychiatric injury, barring compensation.