Pursuant to Labor Code Section 3208.3(d) a worker may not bring a psych claim unless he/she has been employed for more than six months.  One exception to this rule is when the workers’ compensation psych injury is caused by a sudden and extraordinary event.

The W.C.A.B. has published several decisions describing what constitutes a sudden and extraordinary event which would justify the filing of a workers’ compensation psych claim.  In the PANEL decision of Paquini v. Spring Hill Jersey Cheese, Inc. [ADJ10248888], the W.C.A.B. held that Mr. Paquini’s car accident does not rise to the level of a sudden and extraordinary event since car accidents are a normal risk for truck drivers such  Mr. Paquini and therefore, were not extraordinary.

When deciding whether an event is sudden and extraordinary, the W.C.A.B. will look at the individual facts of the case when making the determination. In California Ins. v. WCAB (Tejera), the court held that a particularly violent truck accident did constitute a sudden and extraordinary event because of the unusually violent nature of the crash.

If you have any questions about whether a particular psych injury meets the L.C. Section 3208.3(d) criteria please feel free to call me at 619.338.9012 or e-mail me at jack@sdworkcompattorney.com for a free consultation.