No compensation is owed for a psychiatric condition substantially caused [35% to 40%] by a lawful, nondiscriminatory, good faith personnel action pursuant to LC §3208.3(h) and to determine whether the defendant has met its burden of this affirmative defense, the Court will apply a Rolda analysis:
- Did actual events of employment cause condition?
- If so, were those events predominant?
- If so, were any of those actual events “personnel actions”?
- If so, were the personnel actions the substantial cause of the psyche injury?
- If so, were the personnel actions lawful, nondiscriminatory and made in good faith?
Be sure that your medical legal evaluators address each point in this analysis for your medical report to constitute substantial medical evidence to be used at trial.