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Stephen Resetar vs. CONSTRUCTORA AMORA, STATE COMPENSATION INSURANCE FUND

Filed: Aug 19, 2011
ADJ6561833

CompFox AI Summary

This case involves a worker, Stephen Resetar, who sustained a physical injury to his spine after falling from a ladder. Resetar also claimed a psychological injury, but had been employed for less than six months. Labor Code § 3208.3(d) generally bars compensation for psychiatric injuries in such cases unless caused by a "sudden and extraordinary employment condition." The Appeals Board found that Resetar's fall, caused by dizziness and falling from a ladder, did not qualify as a sudden and extraordinary event. Therefore, Resetar's claim for psychiatric injury is barred, and reconsideration is granted to reflect this decision.

Full Decision Text1 Pages

This case involves a worker, Stephen Resetar, who sustained a physical injury to his spine after falling from a ladder. Resetar also claimed a psychological injury, but had been employed for less than six months. Labor Code § 3208.3(d) generally bars compensation for psychiatric injuries in such cases unless caused by a "sudden and extraordinary employment condition." The Appeals Board found that Resetar's fall, caused by dizziness and falling from a ladder, did not qualify as a sudden and extraordinary event. Therefore, Resetar's claim for psychiatric injury is barred, and reconsideration is granted to reflect this decision.

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Stephen Resetar vs. CONSTRUCTORA AMORA, STATE COMPENSATION INSURANCE FUND (2011) – | CompFox