Home/Case Law/JOSE QUINONES vs. ALCOA FASTENING SYSTEMS, ACE AMERICAN INSURANCE, HELMSMAN MANAGEMENT
Regular DecisionReconsideration

JOSE QUINONES vs. ALCOA FASTENING SYSTEMS, ACE AMERICAN INSURANCE, HELMSMAN MANAGEMENT

Filed: Mar 13, 2017
Anaheim
ADJ8336163

CompFox AI Summary

This case involved a defendant's petition for reconsideration regarding a workers' compensation award for psychological injury. The defendant argued the claim was barred by Labor Code section 3208.3(d), requiring six months of employment before a psyche injury. However, the Workers' Compensation Appeals Board denied reconsideration, finding the applicant had accumulated over six months of employment. The Board relied on the plain language of the statute, which does not require the six months to be continuous or immediately preceding the date of injury. Therefore, the applicant's claim was not barred.

Full Decision Text1 Pages

This case involved a defendant's petition for reconsideration regarding a workers' compensation award for psychological injury. The defendant argued the claim was barred by Labor Code section 3208.3(d), requiring six months of employment before a psyche injury. However, the Workers' Compensation Appeals Board denied reconsideration, finding the applicant had accumulated over six months of employment. The Board relied on the plain language of the statute, which does not require the six months to be continuous or immediately preceding the date of injury. Therefore, the applicant's claim was not barred.

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JOSE QUINONES vs. ALCOA FASTENING SYSTEMS, ACE AMERICAN INSURANCE, HELMSMAN MANAGEMENT (2017) – Anaheim | CompFox