CompFox AI Summary
The Workers' Compensation Appeals Board denied Lucila Martinez's petition for reconsideration, affirming the administrative law judge's decision. The applicant's claim for a psychiatric injury, whether as a consequence of her admitted orthopedic injury or a new injury, was barred by the six-month employment provision of Labor Code section 3208.3(d). The Board adopted the judge's report and reasoning, finding no error in the denial of the psychiatric claim or the exclusion of Dr. Ruiz's report. While the majority denied reconsideration entirely, one commissioner dissented, arguing that the applicant should receive medical treatment for her psychiatric injury if it's necessary to cure or relieve her from the effects of her industrial orthopedic injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Lucila Martinez's petition for reconsideration, affirming the administrative law judge's decision. The applicant's claim for a psychiatric injury, whether as a consequence of her admitted orthopedic injury or a new injury, was barred by the six-month employment provision of Labor Code section 3208.3(d). The Board adopted the judge's report and reasoning, finding no error in the denial of the psychiatric claim or the exclusion of Dr. Ruiz's report. While the majority denied reconsideration entirely, one commissioner dissented, arguing that the applicant should receive medical treatment for her psychiatric injury if it's necessary to cure or relieve her from the effects of her industrial orthopedic injury.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.