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COUNTY OF SACRAMENTO v. WORKERS' COMP. APPEALS BD.

No. C067739.

215 Cal.App.4th 785 (2013)

156 Cal. Rptr. 3d 326

COUNTY OF SACRAMENTO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and MICHAEL BROOKS, Respondents.

Court of Appeals of California, Third District.

As modified May 1, 2013.

Attorney(s) appearing for the Case

Hanna, Brophy, MacLean, McAleer & Jensen and Elizabeth S. Trimm for Petitioner.

Neil P. Sullivan and James T. Losee for Respondent Workers' Compensation Appeals Board.

Tweedy, Penney & Crawford, Tweedy, Penney & Company and Douglass F. Penney for Respondent Michael Brooks.

OPINION

NICHOLSON, J. —

A worker's psychiatric injury is not compensable if it was substantially caused by a personnel action — that is, if 35 to 40 percent of the cause is a personnel action. (Lab. Code, § 3208.3.)1 In this workers' compensation case, the worker, respondent Michael Brooks, is a supervising probation officer. Another probation officer filed a complaint with the union alleging wrongdoing...

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