Home/Case Law/JAVIER GALINDO vs. MEAT EXPORTE CORPORATION, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

JAVIER GALINDO vs. MEAT EXPORTE CORPORATION, STATE COMPENSATION INSURANCE FUND

Filed: Feb 28, 2011
ADJ3552048 (LAO 0795520)

CompFox AI Summary

This case involves a lien claimant's appeal challenging the disallowance of psychiatric treatment costs. The Workers' Compensation Appeals Board (WCAB) affirmed the original decision, finding the applicant did not meet the six-month actual work requirement under Labor Code section 3208.3(d) for psychiatric injury claims. The applicant's extensive absences due to an admitted orthopedic injury meant he did not perform six months of actual service. The WCAB clarified that this six-month threshold applies even to psychiatric injuries stemming from admitted physical injuries. The lien claimant's arguments regarding detrimental reliance and the necessity of treatment for the orthopedic injury were also rejected.

Full Decision Text1 Pages

This case involves a lien claimant's appeal challenging the disallowance of psychiatric treatment costs. The Workers' Compensation Appeals Board (WCAB) affirmed the original decision, finding the applicant did not meet the six-month actual work requirement under Labor Code section 3208.3(d) for psychiatric injury claims. The applicant's extensive absences due to an admitted orthopedic injury meant he did not perform six months of actual service. The WCAB clarified that this six-month threshold applies even to psychiatric injuries stemming from admitted physical injuries. The lien claimant's arguments regarding detrimental reliance and the necessity of treatment for the orthopedic injury were also rejected.

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