California WCABPanel decision

ADJ8034870 · June 17, 2025

Findings and Award issued May 14, 2021, rescinded; issues of psyche injury, permanent disability, and attorney's fees deferred; matter returned to trial level for further proceedings.

Issues decided: 3
Medical opinions weighed: 1
Authorities named: 2
District office: Oakland

What the panel ordered

Findings and Award issued May 14, 2021, rescinded; issues of psyche injury, permanent disability, and attorney's fees deferred; matter returned to trial level for further proceedings.

Petitions for reconsideration of Findings and Award issued May 14, 2021, granted; issues deferred and matter returned to trial level for further proceedings.

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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.

Sanctions under Labor Code §5813Deferred

Attorney fees issue deferred pending further proceedings.

From the decision · page 5Accordingly, as our Decision After Reconsideration, we will rescind the F&A and substitute findings that defer the issues of whether applicant sustained injury to the psyche, the amount of permanent disability, and attorney's fees; and we will return the matter to the trial level further proceedings consistent with this decision.

Permanent disability ratingDeferredcervical spine

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The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code section 3208.3(d)

Labor Code section 3208.3(d) requiring six months employment for psyche injury compensation.

Applied to determine eligibility for psyche injury compensation.

From the decision · page 3DISCUSSION Labor Code section2 3208.3(d) provides, in pertinent part, that "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 months of employment need not be continuous." (§ 3208.3(d).) This provision applies to psyche claims pled as a compensable consequence of a physical injury. (Wal-Mart Stores, Inc. v. Workers' Comp. Appeals Bd. (Garcia) (2003) 112 Cal.App.4th 1435 [68 Cal.Comp.Cases 1575].) Section 5705 states that the "burden of proof rests upon the party or lien claimant holding the affirmative of the issue." (§ 5705.) Applicant thus bears the burden of proving his injury arose out of and in the course of her employment (AOE/COE). (South Coast Framing v. Workers' Comp. Appeals Bd.

Labor Code section 5705

Burden of proof on party holding affirmative of issue per Labor Code section 5705.

Applied to burden of proof for injury arising out of employment.

From the decision · page 3DISCUSSION Labor Code section2 3208.3(d) provides, in pertinent part, that "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 months of employment need not be continuous." (§ 3208.3(d).) This provision applies to psyche claims pled as a compensable consequence of a physical injury. (Wal-Mart Stores, Inc. v. Workers' Comp. Appeals Bd. (Garcia) (2003) 112 Cal.App.4th 1435 [68 Cal.Comp.Cases 1575].) Section 5705 states that the "burden of proof rests upon the party or lien claimant holding the affirmative of the issue." (§ 5705.) Applicant thus bears the burden of proving his injury arose out of and in the course of her employment (AOE/COE). (South Coast Framing v. Workers' Comp. Appeals Bd.

ADJ8034870 · June 17, 2025

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

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