AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Mental Examinations
Under California
law, a worker's psychiatric injury is not compensable for workers' compensation
purposes if it was substantially caused by a personnel action—that is,
if 35 to 40 percent of the cause is a personnel action. The plaintiff was
a supervising probation officer who was the subject of an internal affairs
investigation after another officer filed a complaint with the union accusing
him of wrongdoing. A psychiatrist appointed as the medical evaluator of
his subsequent psychiatric injury found that it was caused in equal thirds
by the coworkers' complaint, which was not a personnel action, by the internal
investigation, which was a personnel action, and by the plaintiff's feelings
of not being supported by his superiors, which it was disputed as to whether
it constituted a personnel action. The Workers Compensation Appeals
Board accepted the psychiatrist's opinion that the third factor was not
a personnel action, and therefore awarded benefits. An intermediate California
appeals court annulled this determination, finding that the psychiatrist
had no authority to decide what was or was not a personnel action, so further
proceedings were required. County of Sacramento v. WCAB, #C067739, 2013
Cal. App. Lexis 311
Plaintiff, in a wrongful fatal shooting
lawsuit, demanded that a law enforcement officer submit to a mental examination;
the federal court agreed to the demand. On review, the 5th Circuit holds
that interim discovery orders are not appealable. Goodman v. Harris County,
#04-20859, 443 F.3d 464, 2006 U.S. App. Lexis 7085 (5th Cir. 2006). [2006
FP Sep]