Home/Case Law/LINEA HIMES vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES-IHSS, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency
Regular DecisionReconsideration

LINEA HIMES vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES-IHSS, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

Filed: Feb 18, 2011
ADJ1332729 (RDG 0121425)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to address the compensability of the applicant's psychiatric injury. The defendant argued the applicant's psychiatric injury was not compensable due to less than six months of employment, as required by Labor Code section 3208.3(d). While the WCJ found the auto accident was a "sudden and extraordinary event" exempting the six-month rule, the Board remanded the case. The Board requires the WCJ to first determine the applicant's exact length of employment before addressing the "sudden and extraordinary" exception.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to address the compensability of the applicant's psychiatric injury. The defendant argued the applicant's psychiatric injury was not compensable due to less than six months of employment, as required by Labor Code section 3208.3(d). While the WCJ found the auto accident was a "sudden and extraordinary event" exempting the six-month rule, the Board remanded the case. The Board requires the WCJ to first determine the applicant's exact length of employment before addressing the "sudden and extraordinary" exception.

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LINEA HIMES vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES-IHSS, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency (2011) – | CompFox