event for a psychiatric injury
published appellate
court decision
decision from an
appellate court, even
publication. It still cites cases that
are certified and can be used.
The applicant had an admitted
injury to her neck and spine when
she fell off a ladder. She was
airlifted to a hospital and was
admitted for five days.
by a Workers' Compensation
Judge (WCJ) who found the
applicant had an orthopedic
injury, but no psychiatric injury
because the applicant had not
worked for the employer for six
months as required by Labor
Code section 3208.3, subdivision
(d).
that she met the exception to
3208.3 (d) that she suffered a
"sudden and extraordinary
condition" making the psychiatric
component compensable. The
Workers' Compensation Appeals
Board denied the petition on a
split opinion.
higher threshold for establishing a
psychiatric injury. This court
indicated that falling from a
ladder was a " sudden" event.
extraordinary condition.
Stores v WCAB and Matea v.
WCAB. They indicated that
falling off a ladder was not the
type of event that would naturally
be expected to cause a
psychiatric injury even in a
diligent and honest employee.
Therefore, the applicant was
engaged in her normal job duties
at the time of the industrial injury
and this was not an extraordinary
event.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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