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Case No. ADJ8336163
Regular
Mar 13, 2017

JOSE QUINONES vs. ALCOA FASTENING SYSTEMS, ACE AMERICAN INSURANCE, HELMSMAN MANAGEMENT

This case involved a defendant's petition for reconsideration regarding a workers' compensation award for psychological injury. The defendant argued the claim was barred by Labor Code section 3208.3(d), requiring six months of employment before a psyche injury. However, the Workers' Compensation Appeals Board denied reconsideration, finding the applicant had accumulated over six months of employment. The Board relied on the plain language of the statute, which does not require the six months to be continuous or immediately preceding the date of injury. Therefore, the applicant's claim was not barred.

Workers' Compensation Appeals BoardADJ8336163Petition for ReconsiderationFindings and Awardpsyche injuryLabor Code section 3208.3(d)six month ruleAOE/COEReport and RecommendationLockheed Martin vs. Workers' Comp. Appeals Bd. (McCullough)
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