CompFox AI Summary
The defendant, Oracle America, Inc. and Safety National Insurance, petitioned for reconsideration of a Workers' Compensation Administrative Law Judge's (WCJ) finding that applicant Milton Winston was employed for a sufficient period to qualify for psychiatric injury compensation under Labor Code section 3208.3(d). The defendant contended the WCJ erred by including pre-onboarding activities in the employment calculation and by relying on an employment stipulation. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition, asserting that employment includes unpaid pre-onboarding service and that the defendant failed to prove otherwise or show good cause to withdraw from the stipulation. Consequently, the Board affirmed that the applicant's claim was not barred by the six-month employment requirement.
Full Decision Text1 Pages
The defendant, Oracle America, Inc. and Safety National Insurance, petitioned for reconsideration of a Workers' Compensation Administrative Law Judge's (WCJ) finding that applicant Milton Winston was employed for a sufficient period to qualify for psychiatric injury compensation under Labor Code section 3208.3(d). The defendant contended the WCJ erred by including pre-onboarding activities in the employment calculation and by relying on an employment stipulation. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition, asserting that employment includes unpaid pre-onboarding service and that the defendant failed to prove otherwise or show good cause to withdraw from the stipulation. Consequently, the Board affirmed that the applicant's claim was not barred by the six-month employment requirement.
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