Dien Le, vs. Hmr Usa, Inc., And Lumberman’s Mutual Casualty Company, Adjusted By Broadspire, A Crawford Company,
This case is about Dien Le, an employee of HMR USA, Inc., who sustained an industrial injury to his back and psyche on March 20, 2001. The Workers’ Compensation Appeals Board granted reconsideration to further study the factual and legal issues. The WCJ found that Le had worked for the employer for six months, and thus the provisions of Labor Code section 3208.3 did not apply. The WCJ also found that Le had sustained permanent disability of 70%, based on the range of evidence. The defendant sought reconsideration, contending that Le’s claim of psychiatric injury was barred by the six-month employment requirement of Labor Code section 3208.3(d), and that the WCJ erred in basing her finding
