In Verga v. WCAB, 159 Cal. App. 4th 174 (2008), plaintiff sought workers? compensation benefits for a psychiatric injury caused by her co-workers? disdain. The Workers? Compensation Appeals Board, however, found that Verga?s own actions in being rude, inappropriate, and aggressive with co-workers was the cause of the negative atmosphere in the workplace and denied her claim.
The court of appeal later affirmed the WCAB?s order denying compensation benefits, holding that although workers? compensation is intended to be a no-fault system, ?to allow an employee to harass co-workers and, when they respond unfavorably, to claim a stress-related injury to the employee?s psyche would increase, not reduce, workers? compensation claims and create the potential for abuse in the system.?

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