Bray

Bray v. Workers' Compensation Appeals Board

Good Law
1994 Cal. App. LEXIS 697·26 Cal. App. 4th 530·31 Cal. Rptr. 2d 580·94 Daily Journal DAR 9424·59 Cal. Comp. Cases 475
Court of Appeal of CaliforniaJune 30, 1994B075903California4,576 words

Opinion

Opinion

Croskey, J.

— Kenneth Bray (Bray), a discharged employee, sought workers’ compensation benefits, alleging industrial injury to his nerves, psyche and internal system caused by termination from his employment. The workers’ compensation judge (WCJ) awarded him compensation. The Workers’ Compensation Appeals Board (Board) rescinded the award on the grounds that Bray’s injury was not one “arising out of and in the course of the employment,” as required by Labor Code section 3600, subdivision (a). While it is true that an employee’s termination is a matter which occurs in the course of employment, we nonetheless reach the commonsense conclusion that for sound public policy reasons a posttermination emotional injury, arising solely from the fact of termination, is not compensable. We therefore affirm the decision of the Board.

Factual and Procedural Background

Bray was employed as a manufacturing engineer from August 1, 1988, to January 23, 1989, by defendant employer ITT-Barton, which was in turn insured by defendant Insurance Company of North America (hereinafter collectively the defendants).

On January 23,1989, Bray’s employment was terminated by his employer without warning.…

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