Home/Case Law/JILL RUTH HAMILTON vs. DOHERTY EMPLOYMENT GROUP, INC., WAUSAU INSURANCE
Regular DecisionReconsideration

JILL RUTH HAMILTON vs. DOHERTY EMPLOYMENT GROUP, INC., WAUSAU INSURANCE

Filed: Dec 17, 2010
San Francisco
ADJ6714992

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and reversed the WCJ's decision, finding the applicant's claim for psychiatric injury barred under Labor Code section 3208.3(d). The Board clarified that "employment" for the six-month rule means actual performance of services, not just being on the company's books or receiving benefits. The applicant's actual paid work period was 179 days (5 months and 26 days), falling short of the required six months. Therefore, her claim for psychological injury was dismissed.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and reversed the WCJ's decision, finding the applicant's claim for psychiatric injury barred under Labor Code section 3208.3(d). The Board clarified that "employment" for the six-month rule means actual performance of services, not just being on the company's books or receiving benefits. The applicant's actual paid work period was 179 days (5 months and 26 days), falling short of the required six months. Therefore, her claim for psychological injury was dismissed.

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