CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award. The applicant, Pedro Villagrana, claimed a psychiatric injury as a consequence of an orthopedic injury sustained on May 30, 2006. The Board found the prior decision, which barred the psychiatric claim due to insufficient employment duration with the new entity, Sombrilla Management, needed further evidentiary development. The matter was returned to the trial level to clarify the applicant's employer on January 1, 2006, and whether the business structure change constituted a new employer-employee relationship under Labor Code section 3208.3(d).
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award. The applicant, Pedro Villagrana, claimed a psychiatric injury as a consequence of an orthopedic injury sustained on May 30, 2006. The Board found the prior decision, which barred the psychiatric claim due to insufficient employment duration with the new entity, Sombrilla Management, needed further evidentiary development. The matter was returned to the trial level to clarify the applicant's employer on January 1, 2006, and whether the business structure change constituted a new employer-employee relationship under Labor Code section 3208.3(d).
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