Tarrant Apparel dba Fashion Resource; California Insurance Guarantee Association for Superior National Insurance Company, in liquidation, by Broadspire Delfina Martinez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADELFINA MARTINEZ, Applicant,vs.TARRANT APPAREL dba FASHION RESOURCE; CALIFORNIA INSURANCEGUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCECOMPANY, in liquidation, by BROADSPIRE, Defendants.Case No. ADJ4521232 (MON 0269003),ADJ2726969 (MON 0296808)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION Applicant seeks reconsideration of the March 4, 2010 Findings of Fact & Award of the workers’ compensation administrative law judge in MON 0269003 who found in pertinent part that applicant’s claim of industrial injury to her psyche while employed as a laborer by defendant Tarrant Apparel doing business as Fashion Resource (Fashion) on March 30, 2000, “is barred by the provisions of Labor Code section 3208.3,” because she worked for that employer for less than six month on the date of injury.1 In a decision issued the same date in a companion case (MON 269808) the WCJ found that applicant did sustain injury to her psyche on April 16, 1998, “while working for Personnel Plus,” and while she was assigned by that employer to perform work duties for Fashion. Applicant contends that the WCJ erred in barring her claim of injury to psyche pursuant to 1 Further statutory references are to the Labor Code. Section 3208.3(d) provides in pertinent part: “Notwithstanding any other provision of this division, no compensation shall be paid pursuant to this division for a psychiatric injury related to a claim against an employer unless the employee has been employed by that employer for at least six months.” , the six month employment condition proscribed by section 3208.3(d) because she was jointly employed by Personnel Plus and Fashion for more than six months before the March 30, 2000 date of injury. An ans
