CompFox AI Summary
This case concerns applicant Delfina Martinez's psychiatric injury claim against Tarrant Apparel, which was initially denied due to less than six months of direct employment, as required by Labor Code section 3208.3(d). The Appeals Board granted reconsideration, finding that Martinez's prior employment as a special employee for Tarrant Apparel for over six months, through a staffing agency, satisfied the statutory requirement. The Board held that the time spent as a special employee counts towards the six-month employment period for the purpose of psychiatric injury claims. Therefore, the prior decision barring the claim was rescinded, and the case was returned for further proceedings.
Full Decision Text1 Pages
This case concerns applicant Delfina Martinez's psychiatric injury claim against Tarrant Apparel, which was initially denied due to less than six months of direct employment, as required by Labor Code section 3208.3(d). The Appeals Board granted reconsideration, finding that Martinez's prior employment as a special employee for Tarrant Apparel for over six months, through a staffing agency, satisfied the statutory requirement. The Board held that the time spent as a special employee counts towards the six-month employment period for the purpose of psychiatric injury claims. Therefore, the prior decision barring the claim was rescinded, and the case was returned for further proceedings.
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