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Regular DecisionWorkers' Compensation

THEMAS THIES vs. NORGARD FARMS, STATE COMPENSATION INSURANCE FUND

Filed: Jun 12, 2015
Santa Rosa
ADJ9180624

CompFox AI Summary

This case concerns an applicant with less than six months of employment who sustained a physical injury and claimed a resulting psychiatric injury. The applicant fell through a skylight while painting a roof, an event he argues was a sudden and extraordinary employment condition. The Workers' Compensation Appeals Board granted reconsideration, reversing the WCJ's denial of the psychiatric claim. The Board found the fall through the skylight, despite the applicant knowing about skylights generally, was an uncommon and unexpected event, thus meeting the criteria of Labor Code section 3208.3(d) for an exception to the six-month employment rule for psychiatric injuries.

Full Decision Text1 Pages

This case concerns an applicant with less than six months of employment who sustained a physical injury and claimed a resulting psychiatric injury. The applicant fell through a skylight while painting a roof, an event he argues was a sudden and extraordinary employment condition. The Workers' Compensation Appeals Board granted reconsideration, reversing the WCJ's denial of the psychiatric claim. The Board found the fall through the skylight, despite the applicant knowing about skylights generally, was an uncommon and unexpected event, thus meeting the criteria of Labor Code section 3208.3(d) for an exception to the six-month employment rule for psychiatric injuries.

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THEMAS THIES vs. NORGARD FARMS, STATE COMPENSATION INSURANCE FUND (2015) – Santa Rosa | CompFox