Home/Case Law/MICHELLE DRACCO vs. ANOVA EDUCATION AND BEHAVIORAL, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

MICHELLE DRACCO vs. ANOVA EDUCATION AND BEHAVIORAL, STATE COMPENSATION INSURANCE FUND

Filed: Sep 02, 2015
Santa Rosa
ADJ8965413

CompFox AI Summary

The Board affirmed the WCJ's finding of a compensable industrial psychiatric injury, finding that the applicant met the six-month employment requirement despite taking school breaks. However, the Board amended the decision to grant the defendant credit for temporary disability overpayment from October 18-28, 2012. This amendment was based on the employer's valid offer of modified work, made before psychiatric injury was alleged or medically established. One commissioner concurred with the psychiatric injury finding but dissented on the credit allowance.

Full Decision Text1 Pages

The Board affirmed the WCJ's finding of a compensable industrial psychiatric injury, finding that the applicant met the six-month employment requirement despite taking school breaks. However, the Board amended the decision to grant the defendant credit for temporary disability overpayment from October 18-28, 2012. This amendment was based on the employer's valid offer of modified work, made before psychiatric injury was alleged or medically established. One commissioner concurred with the psychiatric injury finding but dissented on the credit allowance.

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