Home/Case Law/REYES DE SANTIAGO vs. DE SANTIAGO TREE SERVICE, STATE COMPENSATION INSURANCE FUND
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REYES DE SANTIAGO vs. DE SANTIAGO TREE SERVICE, STATE COMPENSATION INSURANCE FUND

Filed: Feb 08, 2010
ADJ2003862

CompFox AI Summary

This Workers' Compensation Appeals Board case involves an applicant who sustained industrial injuries, including psychiatric harm, after falling from a tree while trimming it. The applicant had been employed for less than six months at the time of injury. The Board granted reconsideration, rescinded the prior award, and returned the case for a new decision because the applicant's fall, though sudden, was not considered an "extraordinary employment condition" under Labor Code section 3208.3(d). The majority found that the risk of falling is inherent and routine for a tree trimmer and therefore does not qualify for the exception to the six-month employment rule for psychiatric injuries.

Full Decision Text1 Pages

This Workers' Compensation Appeals Board case involves an applicant who sustained industrial injuries, including psychiatric harm, after falling from a tree while trimming it. The applicant had been employed for less than six months at the time of injury. The Board granted reconsideration, rescinded the prior award, and returned the case for a new decision because the applicant's fall, though sudden, was not considered an "extraordinary employment condition" under Labor Code section 3208.3(d). The majority found that the risk of falling is inherent and routine for a tree trimmer and therefore does not qualify for the exception to the six-month employment rule for psychiatric injuries.

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