De Santiago Tree Service; State Compensation Insurance Fund Reyes De Santiago WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAREYES DE SANTIAGO, Applicant,vs.DE SANTIAGO TREE SERVICE; STATE COMPENSATION INSURANCE FUND,Defendant(s).Case No. ADJ2003862 (LAO 0852146)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the November 19, 2009 Findings and Award and Order of the workers’ compensation administrative law judge (WCJ) who found in pertinent part that applicant, while employed by defendant as a “truck driver” on February 13, 2004, incurred industrial injury to multiple body parts and psychiatric injury when he fell from a tree while trimming it, causing 91% permanent disability without apportionment, and a need for future medical treatment.1 The WCJ also found that applicant’s psychiatric injury was caused by a “sudden and extraordinary employment condition” within the meaning of Labor Code section 3208.3(d), which allowed him to obtain compensation notwithstanding that he had been employed by defendant less than six months on the date of injury.2 Defendant contends that the medical reporting of applicant’s psychiatric Qualified Medical 1 The WCJ’s decision was served November 25, 2009. The parties stipulated at trial that applicant was employed as a “tree trimmer,” but the employment is described as “truck driver” in the decision. The new findings that are to be issued by the WCJ pursuant to this decision should describe applicant’s occupation on the date of injury as “tree trimmer,” as stipulated by the parties.2 Further statutory references are to the Labor Code. Section 3208.3(d) provides in pertinent part as follows: “[N]o 261 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 months of employment need not be continuous
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