PSYCHE claims (Labor Code § 3208.3):

a. History of psyche injuries prior to 1990, case law created the "honest perception rule"

• purely subjective

• result of mistaken belief of job harassment

• "after the fact rationalization"

b. Creation of objective standards, as of 1/1/90 there must be evidence that actual events of employment were responsible for at least _____ of total causation from all sources contributing to injury

c. Increase requirements, as of 1/1/91, employee must be employed by the same employer for at least _____ months, either continuously or intermittently, in order to file a psyche injury

• Exception:

1. If the injury resulted from a sudden and extraordinary employment condition:

• not a regular or routine event which is defined as a lawful, nondiscriminatory good faith personnel action - examples:

a. ______________________

b. ______________________

c. ______________________

d. ______________________

e. ______________________

f. ______________________

• injury as a result of lawful termination is not compensable

• employer is not responsible for an employee's reaction to valid action taken by an employer

2. Or a psyche injury results from a physical injury

d. Increased requirements as of 7/93:

1. There must be a preponderance of evidence that actual events of employment were "predominant" as to all causes combined

2. "Substantial cause" is at least _____ %

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PSYCHE claims continued (Labor Code § 3208.3):

3. Claims made after termination of employment or layoff including voluntary layoff and claim concerns a psyche injury occurring before such notice, employee must prove that actual events of employment were "predominant" and one or more of the following:

a. _________________________

b. Employer had _____________ of injury before notice of termination or layoff

c. _________________________ indicate treatment for psyche injury

d. Finding of ________________ harassment

e. Date of injury subsequent to date of notice of termination or layoff but ___________ the effective date of termination or layoff

• issuance of frequent notices of termination or layoff is deemed to be a "bad faith personnel action"

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