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The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a Findings and Order (F&O) issued on April 9, 2021. The F&O found that the applicant, Cheyanne Moreno, did not sustain a psychiatric injury due to a sudden and extraordinary event, thereby not qualifying for an exception to the six-month employment requirement of Labor Code section 3208.3(d). The WCAB determined that the Workers' Compensation Administrative Law Judge (WCJ) erroneously misassigned the burden of proof regarding the six-month employment period to the applicant. Consequently, the WCAB rescinded the F&O and returned the matter to the trial level for further proceedings to properly develop the record on whether the defendant can establish that the applicant's employment period was less than six months.
CHEYANNE MORENO vs. CALSELECT INSURANCE SERVICES, STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in San Bernadino. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Bernadino.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a Findings and Order (F&O) issued on April 9, 2021. The F&O found that the applicant, Cheyanne Moreno, did not sustain a psychiatric injury due to a sudden and extraordinary event, thereby not qualifying for an exception to the six-month employment requirement of Labor Code section 3208.3(d). The WCAB determined that the Workers' Compensation Administrative Law Judge (WCJ) erroneously misassigned the burden of proof regarding the six-month employment period to the applicant. Consequently, the WCAB rescinded the F&O and returned the matter to the trial level for further proceedings to properly develop the record on whether the defendant can establish that the applicant's employment period was less than six months.
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