Home/Case Law/Joseph Villa vs. FOOD 4 LESS, ESIS/ACE USA
Regular DecisionReconsideration

Joseph Villa vs. FOOD 4 LESS, ESIS/ACE USA

Filed: Apr 15, 2010
ADJ3926578 (GOL 0088323)

CompFox AI Summary

The Appeals Board granted reconsideration of a prior award finding applicant sustained a 100% permanent disability due to back and psyche injuries. Defendant argued against the psychiatric injury claim based on the applicant's short employment duration and lack of a sudden/extraordinary event. The Board found the medical evidence regarding the psychiatric injury's causation was insufficient and potentially contradictory. Therefore, the case is returned to the trial level for further development of the record on causation and to address the six-month employment rule and the "sudden and extraordinary" event requirement if applicable.

Full Decision Text1 Pages

The Appeals Board granted reconsideration of a prior award finding applicant sustained a 100% permanent disability due to back and psyche injuries. Defendant argued against the psychiatric injury claim based on the applicant's short employment duration and lack of a sudden/extraordinary event. The Board found the medical evidence regarding the psychiatric injury's causation was insufficient and potentially contradictory. Therefore, the case is returned to the trial level for further development of the record on causation and to address the six-month employment rule and the "sudden and extraordinary" event requirement if applicable.

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