Home/Case Law/SARAI CRUZ CANSECO vs. NEW DESSERTS, INC., WAUSAU UNDERWRITERS INSURANCE COMPANY
Regular DecisionWorkers' Compensation

SARAI CRUZ CANSECO vs. NEW DESSERTS, INC., WAUSAU UNDERWRITERS INSURANCE COMPANY

Filed: May 12, 2015
Oakland
ADJ8222509

CompFox AI Summary

This case concerns whether an employee's psychiatric injury claim is barred by Labor Code section 3208.3(d), which typically requires six months of employment, unless the injury resulted from a "sudden and extraordinary employment condition." The applicant, employed for less than six months, injured her wrist and ankle when a bakery cart collapsed. The majority affirmed the WCJ's decision, finding the cart's collapse constituted a sudden and extraordinary event that did not bar the psychiatric claim. The dissenting commissioner argued the collapse was an unforeseen accident but not extraordinary enough to bypass the six-month rule, differentiating it from truly sudden and extraordinary events.

Full Decision Text1 Pages

This case concerns whether an employee's psychiatric injury claim is barred by Labor Code section 3208.3(d), which typically requires six months of employment, unless the injury resulted from a "sudden and extraordinary employment condition." The applicant, employed for less than six months, injured her wrist and ankle when a bakery cart collapsed. The majority affirmed the WCJ's decision, finding the cart's collapse constituted a sudden and extraordinary event that did not bar the psychiatric claim. The dissenting commissioner argued the collapse was an unforeseen accident but not extraordinary enough to bypass the six-month rule, differentiating it from truly sudden and extraordinary events.

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