Home/Case Law/YOLANDA MARTINEZ vs. MASS PRECISION, COMPWEST INSURANCE COMPANY, SCI @ BALANCE STAFFING SERVICE, ZURICH NORTH AMERICA
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YOLANDA MARTINEZ vs. MASS PRECISION, COMPWEST INSURANCE COMPANY, SCI @ BALANCE STAFFING SERVICE, ZURICH NORTH AMERICA

Filed: Oct 21, 2014
San Jose
ADJ7217859, ADJ7544106

CompFox AI Summary

This case involves applicant Yolanda Martinez claiming industrial injuries (lumbar spine, right shoulder, psyche) from her employment at Mass Precision. Defendant Zurich North America, insurer for SCI @ Balance Staffing Service, contested liability for the psyche injury, arguing applicant's employment by SCI was less than the six-month statutory minimum. The Appeals Board affirmed the WCJ's finding of joint and several liability, holding that prior employment at the same worksite with dual employers counts towards the six-month requirement for psyche injury claims. This decision was based on the principle that the six-month rule aims to prevent claims from routine stress in new employment, a purpose not served when an employee has a longer-term relationship with the worksite.

Full Decision Text1 Pages

This case involves applicant Yolanda Martinez claiming industrial injuries (lumbar spine, right shoulder, psyche) from her employment at Mass Precision. Defendant Zurich North America, insurer for SCI @ Balance Staffing Service, contested liability for the psyche injury, arguing applicant's employment by SCI was less than the six-month statutory minimum. The Appeals Board affirmed the WCJ's finding of joint and several liability, holding that prior employment at the same worksite with dual employers counts towards the six-month requirement for psyche injury claims. This decision was based on the principle that the six-month rule aims to prevent claims from routine stress in new employment, a purpose not served when an employee has a longer-term relationship with the worksite.

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