CompFox AI Summary
This case concerns an applicant's claim for psychiatric injury as a consequence of an admitted lumbar spine injury. The primary issue is whether the applicant met the six-month employment requirement under Labor Code § 3208.3(d) for compensable psychiatric injury claims. The applicant was hired on August 6, 2007, and last worked on January 29, 2008, falling short of the six-month threshold. The Appeals Board found that "employment" under the statute requires the performance of actual services, rejecting the argument that simply remaining on payroll suffices, citing precedent. Therefore, the Board granted reconsideration, rescinded the prior finding, and held the applicant did not sustain a compensable psychiatric injury.
Full Decision Text1 Pages
This case concerns an applicant's claim for psychiatric injury as a consequence of an admitted lumbar spine injury. The primary issue is whether the applicant met the six-month employment requirement under Labor Code § 3208.3(d) for compensable psychiatric injury claims. The applicant was hired on August 6, 2007, and last worked on January 29, 2008, falling short of the six-month threshold. The Appeals Board found that "employment" under the statute requires the performance of actual services, rejecting the argument that simply remaining on payroll suffices, citing precedent. Therefore, the Board granted reconsideration, rescinded the prior finding, and held the applicant did not sustain a compensable psychiatric injury.
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