CompFox AI Summary
This case concerns an applicant injured within six months of employment, raising a claim for psychiatric injury. Labor Code Section 3208.3(d) generally bars such claims unless the injury results from a "sudden and extraordinary" employment condition. The Appeals Board, in a majority decision, found the applicant's injury from a backhoe bucket was not extraordinary, thus reversing the WCJ's finding and barring the psychiatric claim. A dissenting opinion argued that being struck by a backhoe bucket is not a regular or routine incident and should qualify as a sudden and extraordinary event.
Full Decision Text1 Pages
This case concerns an applicant injured within six months of employment, raising a claim for psychiatric injury. Labor Code Section 3208.3(d) generally bars such claims unless the injury results from a "sudden and extraordinary" employment condition. The Appeals Board, in a majority decision, found the applicant's injury from a backhoe bucket was not extraordinary, thus reversing the WCJ's finding and barring the psychiatric claim. A dissenting opinion argued that being struck by a backhoe bucket is not a regular or routine incident and should qualify as a sudden and extraordinary event.
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