Upton's Case

An employee is not entitled to workers’ compensation benefits for an “emotional disability arising principally out of a bona fide, personnel action.” G. L. c. 152, § 1(7A), as inserted by St. 1986, c. 662, § 6. At issue in this case is whether a workplace investigatory interview causing employee Joseph Upton’s emotional disability constituted a bona fide personnel action within the meaning of § 1(7A) of the workers’ compensation act (act). An administrative judge of the Department of Industrial Accidents (department) concluded that it did and, accordingly, denied Upton’s claim. The…