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Case Name Verga v. WCAB
Date 01/23/2008
Note In light of the legislative intent in enacting section 3208.3, subdivision (b)(1), the disdainful reactions of co-workers to the claimant's abusive conduct were neither actual events of employment nor the predominant cause of her psychological injuries within the meaning of the statute.
Citation C055711
WCC Citation WCC 33042008 CA
The Workers' Compensation Appeals Board (the WCAB) concluded that Rosemary Verga was not entitled to compensation for psychiatric injury while employed by United Airlines. However, the WCAB found "the true fact remains that [Verga] was not actually subject to harassment or persecution, she instead brought upon herself the disdain of her co-workers" because Verga was "a difficult person to get along with"; she was impolite, unpleasant, and co-workers "never knew when [she] might get upset. "Various employees testified that they had never seen Verga mistreated by Allen, who did as much as he could to support her, even though Verga had mistreated them. Hence, Verga failed to establish an "actual event of employment" was the predominant cause of her injury within the meaning of section 3208. 3. After Verga filed a petition for reconsideration, the WCJ submitted to the WCAB a report and recommendation clarifying the basis for the WCJ's decision. Verga contends that it does matter whether the events of her employment occurred as she recalls or as found by the WCAB.

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