psychiatric injury should be
considered when making an award
for the applicant.
support an award for benefits.
They also ruled that stock losses
are not an event of employment.
Work related stress may qualify,
but it needs to be more than 50
percent of a psychiatric disability.
did not suffer a psychiatric injury
because work stress was not the
predominant cause of the
psychiatric injury within the
meaning of Labor Code section
3208.3, subdivision (b) (1). The
Workers' Compensation Appeals
Board (WCAB) overruled the WC
J and found the applicant suffered
a psychiatric injury.
3208.3. It indicated that you must
look at actual events of
employment. It stated that an
event must be "something that
takes place". The event must be
something that arises out of the
employee's working relationship
with his or her employer.
a psychiatric injury
based on the firms
downsizing among
other reasons
causing the applicant stress. It
was also alleged that the firm was
going to eliminate a significant
number of positions that created
stress for the applicant. Lastly,
the applicant alleged stress from
the job itself, including listening
to abusive comments from
customers.
Firm: Samuelsen, Gonzalez, Valenzuela
and Brown
Address: 18500 Von Karman #470
Irvine, Ca 92612
Email:hbrown@sgvblaw.com
WCAB .............................. 1
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