What the panel ordered
The WCAB rescinded the February 11, 2021 F&O, substituted a new F&O finding that applicant's claim of injury to his psyche is not barred by Labor Code section 3208.3(d), deferred all other issues, and returned the matter to the trial level for further proceedings.
Applicant seeks reconsideration of the WCJ's February 11, 2021 Findings of Fact and Opinion on Decision, which found that Labor Code section 3208.3(d) exempts defendant from liability for applicant's psychiatric injury because applicant was employed less than six months and injury was not caused by a sudden and extraordinary employment condition.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB found that the applicant's psychiatric injury was caused by a sudden and extraordinary employment condition, thus not barred by the six-month employment requirement of Labor Code section 3208.3(d).
From the decision · page 8Here, the parties stipulated that applicant sustained injuries AOE/COE to his left forearm, left elbow, left shoulder, left wrist, chest, neck, ribs, abdomen left side, facial, lung left side, hypertension, vision, and headache. The parties also stipulated that applicant was not employed by defendant for six months when he was injured. Additionally, applicant claims injury AOE/COE to other body parts, including to his psyche. Therefore, we must consider whether applicant sustained an injury to his psyche as a result of a "sudden and extraordinary employment condition," within the meaning of section 3208.3(d).