The federal Ninth Circuit Court of Appeals recently affirmed a Benefits Review Board determination that an employee’s psychological injuries or stress from the employer’s legitimate, adverse personnel decisions, are not compensable workplace injuries under the Longshore and Harbor Workers Compensation Act.  This LHWCA decision is consistent with the parallel California law of workers compensation, which provides that workers compensation is not payable by the employer “for a psychiatric injury if the injury was substantially caused by a lawful, non-discriminatory, good faith personnel action” (Labor Code Section 3208.3(c)).

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