392 | 2024 Cal-Peculiarities ©2024 Seyfarth Shaw LLP www.seyfarth.com 5 Lab. Code §§ 3200-6002. 6 Lab. Code § 3208.3(d) (employee must have been employed for at least six months to obtain compensation for psychiatric injury); Lab. Code § 3208.3(h) (no compensation for psychiatric injury payable if injury “substantially caused by a lawful, nondiscriminatory, good faith personnel action), with employer to bear the burden of proof). See San Francisco Unified Sch. Dist. v. WCAB, 190 Cal. App. 4th 1 (2010) (“substantially caused” means that the personnel action was responsible for “at least 35 to 40 percent of the causation from all sources combined,” and both industrial and nonindustrial causes make up the total causation); Northrop Grumman Corp. v. WCAB, 103 Cal. App. 4th 1021 (2002) (reversing award to worker psychiatrically injured by investigation that was lawful, nondiscriminatory, good faith personnel action under Lab. Code § 3208.3(h)). 7 Lab. Code § 3602(d). 8 Lab. Code § 3357. 9 In 2016, the Legislature amended Labor Code sections 3351 and 3352 and repealed section 6354.7. 10 Judson Steel Corp. v. WCAB, 22 Cal. 3d 658, 667 (1978). 11 Dutra v. Mercy Med. Ctr., Mount Shasta, 209 Cal. App. 4th 750, 754 (2012) (distinguishing City of Moorpark v. Superior Ct., 18 Cal. 4th 1143, 1158 (1998), which held that section 132a does not provide an exclusive remedy for employee suing under FEHA for disability discrimination under the common for wrongful termination; “section 132a does not qualify under case authority as the type of policy that can support a common law action for wrongful termination”). 12 Navarro v. A&A Farming & W. Grower Ins. Co., 67 Cal. Comp. Cas. 145 (2002). 13 State Dep’t of Rehab. v. WCAB, 30 Cal. 4th 1281 (2003) (not unlawful to require injured employees to use sick and vacation leave when away from the workplace seeking medical treatment for workplace injuries, where other, non-injured employees likewise must use leave time to seek medical care). 14 SB 1159, 2020 bill adding Lab. Code § 77.8 and repealing Lab. Code §§ 3212.86, 3212.87, and 3212.88, effective immediately upon Governor Newsom’s signing of SB 1159 on September 17, 2020. 15 Kuciemba v. Victory Woodworks, Inc., 14 Cal. 5th 993 (2023) (holding employers have no duty of care under California tort law to prevent the spread of Covid-19 to the household members of employees (e.g., spouses), but also holding that the household member’s claims are not barred by the exclusive remedy doctrine).
RkJQdWJsaXNoZXIy OTkwMTQ4