Non-compensable psychiatric claim

Under McCoy, if the psychiatric claim is deemed non-compensable due to the finding of a good faith, personnel action per LC §3208.3(h), then the physical injury which is a compensable consequence of the psychiatric injury is also barred by that affirmative defense (e.g. headaches). Be sure that you have a psychiatric claim plead when using a psychiatric defense. Be on the lookout for an applicant attorney to withdraw the psych claim if he or she has a better underlying claim for cardiology, internal issues, diabetes, GERD, etc., as Wang v. Southern California Edison held that LC §3208.3(h) is not applicable to an underlying non-psychiatric condition (here it was the heart), when no psychiatric claim was plead. The converse of that case was Stolp v. California Dept. of Corrections which was a claim of injury to both the psyche and the cardiovascular system, which was barred by the good faith, personnel action defense where the cardiovascular injury was directly and solely caused by the psychiatric condition. In other words, the defendant may be the one who wants to demand a psych panel!