Rolda Case Defines 3208.5 Analysis

The Board has issued an En Banc decision in Rolda vs. Pitney Bowes, VNO 359401 (2/21/01) defining the specific analysis a WCJ must perform when confronted with a 3208.5 psyche claim and the defense of lawful personnel action. First there must be a determination whether the alleged injury involved actual events of employment and if so, whether competent medical evidence establishes the required percentage of industrial causation. Next the WCJ must then decide if any of the actual events were personnel actions, and if so then there must be a determination as to whether such actions were lawful,...