DONALD STOCKMAN, Applicant,
v.
STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, legally uninsured, Defendant. Case
Nos. BAK 123730, BAK 123079, BAK 123080
California Workers Compensation Decisions
Workers’ Compensation Appeals Board State Of California
July 24, 1998
OPINION
AND DECISION AFTER RECONSIDERATION
J.
WIEGAND
These
cases involve a question arising under Labor Code section
3208.3, subdivision (h), which bars compensation for a
psychiatric injury that is substantially caused by lawful,
nondiscriminatory, good faith personnel action. We granted
reconsideration to further study the factual and legal issues
presented. Having completed our study, we conclude that the
workers' compensation referee ("WCR") correctly
found that no compensation is payable because applicant's
claimed psychiatric injury was substantially caused by a
lawful, nondiscriminatory, good faith personnel action.
BACKGROUND
Applicant
was hired by the State of California, Department of
Corrections, in December of 1991. In July of 1995, he was
assigned to Wasco State Prison as an associate warden in
charge of business services. Thereafter, a conflict developed
which resulted in two opposing factions at the prison: Warden
Carrillo and his supporters were on one side, and applicant
and Chief Deputy Warden Pena, and their supporters, were on
the other. Applicant assisted Pena in preparing a memorandum
which referred to Carrillo's "bazaar (sic)
vindictive management practices" and described
Carrillo's behavior as "irrational, unprofessional
and irresponsible." Also, applicant was concerned
because he interpreted a statement by Warden Carrillo as a
death threat after he reported the warden's conduct to
his superiors in the Department of Corrections.
Applicant's physical complaints included upset stomach,
diarrhea, disturbed sleep, and impaired sexual function and
interest.
On May
19, 1997, applicant was notified that he was being
involuntarily transferred to Corcoran State Prison,
approximately 47 miles from the Wasco prison, effective
immediately. Chief Deputy Warden Pena also was transferred to
a facility at Corcoran and Warden Carrillo was forced to
retire.
Applicant
filed three applications for adjudication, alleging specific
injuries to the psyche on March 4, 1996, and May 19, 1997,
and cumulative injury to the psyche from December 1991
through May 19, 19 97. The WCR found that the transfer to
Corcoran prison was a lawful, non-discriminatory, good faith
personnel action and that it was a substantial cause of
applicant's psychiatric injury. Based on these findings,
the WCR concluded that compensation was barred by section
3208.3, subdivision (h).
In his
petition for reconsideration, applicant asserts (1) that his
psychiatric injury was the result of cumulative trauma, (2)
that the transfer to Corcoran State Prison on May 19, 1997,
was not a substantial cause of his psychiatric disability,
and (3) that the transfer from Wasco to Corcoran was not a
lawful, nondiscriminatory, good faith personnel action.
DISCUSSION
Labor
Code section 3208.3 was enacted as part of the Margolin-Bill
Greene Workers' Compensation Reform Act of 1989 (Stats.
1989, ch. 8 92, § 25) which brought about extensive
changes in the workers' compensation system. The statute
specifies that "[i] t is the intent of the Legislature
in enacting this section to establish a new and higher
threshold of compensability for psychiatric injury under this
division." All of the elements set forth in section
3208.3 must be satisfied in order to establish that applicant
has sustained a compensable psychiatric injury. Those
elements in controversy in the present matter will be
individually discussed in the following sections.
Psychiatric
Injury
Section
3208.3, subdivision (a), states:
"A psychiatric injury shall be compensable if it is a
mental disorder which causes disability or need for medical
treatment, and it is diagnosed pursuant to procedures
promulgated under paragraph (4) of subdivision (j) of Section
139.2 or, until these procedures are promulgated, it is
diagnosed using the terminology and criteria of the American
Psychiatric Associations' Diagnostic and Statistical
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