workers' compensation cases is that of
the applicant self-inflicting an injury.
The Labor Code has specifically
codified certain defenses that will defeat
an applicant's claim for an industrial
injury. Labor Code section 3600 (a) (5)
specifically disallows a claim that
occurs on the job if the applicant self-
inflicts the injury in question.
workers' compensation benefits by
injuring himself. The case does not tell
us why the employer had these beliefs.
testimony that the Applicant was upset
over his divorce. They further indicated
that the he was losing custody of his
son. At the time of injury the
Applicant was having his wages
garnished for child support. There was
additional testimony that one year prior
to the injury the Applicant slit his wrist
in an apparent suicide attempt. The
Applicant was then held in a
psychiatric ward for three days.
defendant asserted at the trial that the
Applicant did not need to use the saw
he was using at the time of his injury.
Therefore, the defendant alleged the
Applicant was doing the work in an
unauthorized manner. The Workers'
Compensation Judge (WCJ) stated that
this was not a workers compensation
defense. The defendant did
substantially impeach the Applicant at
the trial. The defendant showed the
Applicant's poor recall of events prior
to the injury. The defendant also
established that the Applicant had a
character of self-
prove self-inflicted injury by
impeaching the applicant. The
evidence that was presented included
evidence that the Applicant was
depressed, self-destructive and
looking at insurance papers before the
injury. The WCJ indicated this was all
circumstantial evidence. There was no
direct evidence that the Applicant
intended to injure himself. There was
no witness testimony that the
Applicant intended to injure himself.
There were no physicians' reports that
indicated that the Applicant intended
to injure himself. The WCJ concluded
that he could not draw an inference
that the applicant intended on injuring
himself. The WCJ indicated that
inferences are to be drawn in favor of
the Applicant.
compensable and the Workers'
Compensation Appeals Board
concurred. The case should also be
reviewed for details on ordering a
transcript.
Address: 350 West 5th Street #105
Phone: 310 831-0872
Promotions, INC v.
WCAB
fingers, wrist, and arm while operating a
saw at work. The applicant filed an
Application For Adjudication of Claim.
The case was apparently denied. The
employer apparently
Promotions INC v. WCAB... ... . . 1
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