CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's award, finding the applicant's psychiatric injury claim is barred under Labor Code § 3208.3. The Board determined the applicant's act of kicking the conveyor belt, leading to his injury, was not a "sudden and extraordinary" employment condition, and he did not meet the six-month employment requirement for psychiatric injury claims. The case is returned to the trial level for further proceedings to determine permanent disability without considering the psyche injury, and to address other issues like vocational expert fees and credits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's award, finding the applicant's psychiatric injury claim is barred under Labor Code § 3208.3. The Board determined the applicant's act of kicking the conveyor belt, leading to his injury, was not a "sudden and extraordinary" employment condition, and he did not meet the six-month employment requirement for psychiatric injury claims. The case is returned to the trial level for further proceedings to determine permanent disability without considering the psyche injury, and to address other issues like vocational expert fees and credits.
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