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No Psychiatric Injury After Tripping on Balloon String: Cal. Comp. Cases January Advanced Postings (12/31/2014)

December 31, 2014 (1 min read)

Here’s the second batch of advanced postings for the January 2015 issue of Cal. Comp. Cases.

Lexis subscribers can link to the cases to read the complete headnotes and summaries.

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Howard Pound, Petitioner v. Workers' Compensation Appeals Board, California Insurance Guarantee Association, on behalf of Fremont Compensation, in liquidation, Respondents, 2014 Cal. Wrk. Comp. LEXIS 173 Lexis

Psychiatric Injuries—Six-Month Employment Rule—Sudden and Extraordinary Employment Conditions—WCAB, affirming WCJ in split panel decision, held that applicant car sales manager’s claim for psychiatric injury, allegedly incurred as compensable consequence of industrial injury to applicant’s cervical and lumbar spine and in form of irritable bowel syndrome, was barred by six-month employment requirement in Labor Code § 3208.3(d), when applicant had worked for defendant for fewer than six months before sustaining injury, and panel majority found that applicant failed to establish that his injury, which occurred when applicant’s leg became entangled in nylon balloon string while applicant walked around car lot causing him to trip and fall, was caused by “sudden and extraordinary” employment condition within meaning of Labor Code § 3208.3(d) because…

Permanent Disability—Apportionment—WCAB affirmed WCJ’s finding that applicant car sales manager’s industrial injury to his cervical spine, lumbar spine, and in form of irritable bowel syndrome caused 60 percent permanent disability, after apportionment to nonindustrial factors based on…

Kevin Bracken, Petitioner v. Workers' Compensation Appeals Board, Team Commercial Construction, California Insurance Guarantee Association, administered by Sedgwick CMS, on behalf of Cal. Comp., in liquidation Respondents, 2014 Cal. Wrk. Comp. LEXIS 172 Lexis

Psychiatric Injury AOE/COE—Six Months Employment—WCAB held that applicant’s claim of industrial psychiatric injury was barred under Labor Code § 3208.3(d) because applicant was not “employed” by defendant for six months before 9/23/96 admitted injury to right shoulder and elbow, as required by that statute, when WCAB found that…