Legal Opinion
State Compensation Insurance Fund v. Workers' Compensation Appeals Board
California Court of Appeal
Decided March 28, 2012No. B235258PublishedCited by 3 opinions
1Opinion of the Court
Opinion
GILBERT, P. J.
—Rigoberto Garcia worked at Cole Ranch for approximately two months. While picking avocados from a high tree, he fell from a 24-foot ladder and suffered traumatic head injury. He filed a workers’ compensation claim for psychiatric injury.
Labor Code section 3208.3, subdivision (d) generally bars claims of psychiatric injury if the applicant was employed less than six months.1 This bar does not apply if the psychiatric injury is caused by a “sudden and extraordinary employment condition.” {Ibid.)
Garcia’s fall was sudden, but it was not extraordinary within the meaning of…
2Cases cited8 opinions
- Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
- Claxton v. WatersCalifornia Supreme Court · 2004
- Lockheed Martin Corp. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2002
- Wal-Mart Stores, Inc. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2003
- City of Oakland v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2002
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3Cited by3 opinions
- State Comp. Ins. Fund v. Workers' Comp. Appeals Bd., California Court of Appeal, 5th District2018
- Travelers Casualty & Surety Co. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2016
- St. Comp. Insurance Fund v. WCABCalifornia Court of Appeal · 2018