Home/Case Law/JONATHON ROONEY vs. LOWE'S, KEMPER/RELIANCE By SPECIALTY RISK SERVICES
Regular DecisionReconsideration

JONATHON ROONEY vs. LOWE'S, KEMPER/RELIANCE By SPECIALTY RISK SERVICES

Filed: Jan 03, 2008
San Francisco
ANA 0363299

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration, upholding a prior ruling that an employee can receive compensation for a psychiatric injury even if the underlying physical injury occurred within the first six months of employment. The Board's decision relies on precedent establishing that Labor Code Section 3208.3(d)'s six-month employment requirement is met if the total duration of employment exceeds six months, regardless of whether that period was fully completed before the date of injury. This interpretation aims to prevent fraudulent claims during an employee's initial probationary period, a purpose not undermined when employment continues beyond six months.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration, upholding a prior ruling that an employee can receive compensation for a psychiatric injury even if the underlying physical injury occurred within the first six months of employment. The Board's decision relies on precedent establishing that Labor Code Section 3208.3(d)'s six-month employment requirement is met if the total duration of employment exceeds six months, regardless of whether that period was fully completed before the date of injury. This interpretation aims to prevent fraudulent claims during an employee's initial probationary period, a purpose not undermined when employment continues beyond six months.

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JONATHON ROONEY vs. LOWE'S, KEMPER/RELIANCE By SPECIALTY RISK SERVICES (2008) – San Francisco | CompFox