Home/Case Law/HECTOR ROMAN vs. D L BONE & SONS, INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

HECTOR ROMAN vs. D L BONE & SONS, INC., STATE COMPENSATION INSURANCE FUND

Filed: Apr 12, 2010
ADJ484574 (ANA 0392117)

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The defendant seeks reconsideration of a Workers' Compensation Appeals Board decision that awarded psychiatric injury benefits to an applicant injured within six months of employment. The Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. The core issue is whether the applicant's fall due to a rotted beam, while employed less than six months, constitutes a "sudden and extraordinary employment condition" for psychiatric injury. The Board found the fall, though sudden, was not sufficiently extraordinary given the applicant's role as a painter regularly working at heights, thus likely precluding psychiatric benefits under Labor Code § 3208.3(d).

Full Decision Text1 Pages

Here's a summary of the case in four sentences for a lawyer:

The defendant seeks reconsideration of a Workers' Compensation Appeals Board decision that awarded psychiatric injury benefits to an applicant injured within six months of employment. The Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. The core issue is whether the applicant's fall due to a rotted beam, while employed less than six months, constitutes a "sudden and extraordinary employment condition" for psychiatric injury. The Board found the fall, though sudden, was not sufficiently extraordinary given the applicant's role as a painter regularly working at heights, thus likely precluding psychiatric benefits under Labor Code § 3208.3(d).

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