Last night I was playing @ a local event and one of the guys I was playing with argued a situation where I was using Validus from Slosh and used his Brain Bolts Power to use Pen/psy on his figure that had two action tokens assigned to it, and Validus' power states that hit targets by pen/psy through this power also receive an action token. Now to my Understanding if a figure already has 2 tokens and would be given a third, you instead deal that character one unavoidable damage. Has this changed or never been that way.

Any Help is appreciated.

That is only the case with Incapacitate.

Alright then if that's the case it shall be noted henceforth