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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ11425394
Regular
Sep 27, 2019

BOBBY BURTON vs. JINYA HOLDINGS, INC.; AMTRUST

This case involves a petition for reconsideration of a denied workers' compensation claim for a psychiatric injury. The Workers' Compensation Appeals Board denied reconsideration, adopting the administrative law judge's report. The decision hinges on Labor Code section 3208.3(d), which requires at least six months of employment for psychiatric injury claims unless caused by a "sudden and extraordinary" employment condition. The applicant failed to meet the burden of proving their injury resulted from such an event, as defined by case law to mean something uncommon, unusual, and unexpected.

Labor Code 3208.3(d)psychiatric injurysix months employmentsudden and extraordinary employment conditionuncommonunusualunexpectedWCJ reportpetition for reconsiderationdenial
References
Case No. ADJ477837 (RIV 0041432)
Regular
Oct 09, 2014

HOWARD POUND vs. CARS HOLDING, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT COMPENSATION

The Workers' Compensation Appeals Board affirmed a prior decision finding the applicant sustained industrial injury to his spine and irritable bowel syndrome, resulting in 60% permanent disability. The Board also upheld the denial of compensation for psychiatric injury, deeming the fall caused by balloon string not a "sudden and extraordinary employment condition." A dissenting opinion argued the event was uncommon and unexpected, thus compensable under Labor Code section 3208.3(d). The majority opinion found the WCJ's reasoning, that tripping on balloon string was not an event expected to cause psychic disturbances, to be sound.

Labor Code section 3208.3(d)psychiatric injurysudden and extraordinary employment conditionapportionmentpermanent disabilityindustrial injurycompensable injuryreconsiderationfindings and awardworkers' compensation
References
Case No. ADJ9180624
Regular
Jun 12, 2015

THEMAS THIES vs. NORGARD FARMS, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant with less than six months of employment who sustained a physical injury and claimed a resulting psychiatric injury. The applicant fell through a skylight while painting a roof, an event he argues was a sudden and extraordinary employment condition. The Workers' Compensation Appeals Board granted reconsideration, reversing the WCJ's denial of the psychiatric claim. The Board found the fall through the skylight, despite the applicant knowing about skylights generally, was an uncommon and unexpected event, thus meeting the criteria of Labor Code section 3208.3(d) for an exception to the six-month employment rule for psychiatric injuries.

Labor Code section 3208.3(d)psychiatric injurysudden and extraordinary employment conditionsix-month employment thresholdreconsiderationWorkers' Compensation Appeals BoardFindings and Orderadministrative law judgeindustrial injurychemical shed
References
Case No. ADJ3167944
Regular
Mar 21, 2011

NEFTALY HEREDIA vs. UNION TRANSPORTATION, INC., SEDGWICK CIAGA GLENDALE

This case involves a claim for workers' compensation benefits for a psychiatric injury allegedly sustained on June 18, 2001. The primary issue is whether the applicant's injury meets the "sudden and extraordinary employment condition" exception to the six-month employment requirement for psychiatric claims under Labor Code section 3208.3(d). The Appeals Board granted reconsideration, rescinded the previous award, and returned the matter for further proceedings. The Board found the Workers' Compensation Judge applied an incorrect "taint of fraud" standard and needs to re-evaluate whether the incident was truly uncommon, unusual, and unexpected. Furthermore, the Board directed the Judge to address issues of symptom magnification and malingering raised by the psychiatric reports.

Sudden and extraordinary employment conditionLabor Code section 3208.3(d)psychiatric injuryQualified Medical Evaluator (QME)symptom magnificationmalingeringpreponderance of the evidenceindustrial injuryamended findings and awardreconsideration
References
Case No. ADJ1296930 (LAO 0870001)
Regular
Apr 04, 2010

FALISE HARRELL JACKSON vs. CITY OF LOS ANGELES/DEPARTMENT OF TRANSPORTATION

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed the finding of a psychiatric injury for an applicant employed less than six months. The WCAB determined that the applicant's injury, sustained when a driver intentionally struck her with a vehicle, did not constitute a "sudden and extraordinary employment condition" as required by Labor Code section 3208.3(d). Evidence indicated such events, while unfortunate, were not uncommon for traffic officers, and training existed to handle them. Therefore, the psychiatric injury claim was barred due to the insufficient employment duration.

Workers' Compensation Appeals Boardpsyche injurysudden and extraordinary employment conditionLabor Code section 3208.3(d)six-month employment requirementtraffic officeradmitted industrial injurytraffic control officerscompensable psychiatric injurypetition for reconsideration
References
Case No. ADJ10248888
Regular
Jan 23, 2019

JUAN PAQUINI vs. SPRING HILL JERSEY CHEESE, INC., dba PETALUMA CREAMERY

Applicant sought reconsideration of a WCJ's finding that his vehicle accident was not a "sudden and extraordinary" employment condition, which would have allowed compensation for psychiatric injury despite less than six months of employment. The Appeals Board affirmed the WCJ's decision, finding the applicant's testimony regarding the alleged steering wheel lock was contradictory and lacked credibility. Furthermore, the Board determined the applicant failed to prove the incident was uncommon or unexpected beyond personal experience. Consequently, the original order was amended to explicitly state the injury did *not* fall under the sudden and extraordinary exception.

AOE/COELabor Code section 3208.3(d)sudden and extraordinarypsychiatric injuryless than six months employmentmotor vehicle accidentsteering wheel lockedcredibility determinationpreponderance of the evidencefactual inquiry
References
Case No. ADJ1564893 (OAK 0326092)
Regular
Mar 29, 2010

Harold Ott vs. KOHL'S DEPARTMENT STORE, LIBERTY INSURANCE CORPORATION

This case involves Harold Ott's claim for a psychiatric injury following a physical injury at Kohl's Department Store, where he had been employed for less than six months. The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision denying the psychiatric claim. This denial was based on Labor Code section 3208.3(d), which requires at least six months of employment for psychiatric injury claims unless caused by a "sudden and extraordinary employment condition." The WCAB found that while the box falling on the applicant was sudden, it was not extraordinary, citing testimony that boxes falling was not uncommon in the store's operations. Therefore, the psychiatric injury claim was barred.

Labor Code section 3208.3(d)psychiatric injurysudden and extraordinary employment conditionsix-month employment ruleadmitted industrial injuryconsequential psychiatric injurycompensabilityworkers' compensation judgeWorkers' Compensation Appeals Boardreconsideration
References
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