Home/Case Law/JOHN ARESCO vs. MARINE WORLD AFRICA USA, TIG SPECIALTY INSURANCE COMPANY
Regular DecisionReconsideration

JOHN ARESCO vs. MARINE WORLD AFRICA USA, TIG SPECIALTY INSURANCE COMPANY

Filed: Feb 27, 2014
Oakland
ADJ3396302 (WCK 0043860)

CompFox AI Summary

The Workers' Compensation Appeals Board overturned the WCJ's finding that the applicant's psychiatric injury was a result of a sudden and extraordinary employment condition. Therefore, the claim for psychiatric injury is barred by Labor Code section 3208.3(d) due to employment of less than six months. Consequently, the applicant's permanent disability rating was reduced from 47% to 13%, excluding the psychiatric component. The Board found the applicant's injury, regardless of its specific cause (tainted food, trash, or berry), did not constitute an extraordinary employment event.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board overturned the WCJ's finding that the applicant's psychiatric injury was a result of a sudden and extraordinary employment condition. Therefore, the claim for psychiatric injury is barred by Labor Code section 3208.3(d) due to employment of less than six months. Consequently, the applicant's permanent disability rating was reduced from 47% to 13%, excluding the psychiatric component. The Board found the applicant's injury, regardless of its specific cause (tainted food, trash, or berry), did not constitute an extraordinary employment event.

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JOHN ARESCO vs. MARINE WORLD AFRICA USA, TIG SPECIALTY INSURANCE COMPANY (2014) – Oakland | CompFox