Hansen

In this workers’ compensation proceeding, we granted the applicant’s petition for a writ of review to decide the question whether California Labor Code section 3208.3, subdivision (d), as applied to petitioner, violates her constitutional rights to equal protection of the law and due process. (U.S. Const., 14th Amend.; Cal. Const., art. I, § 7, subd. (a).)

Labor Code section 3208.3, subdivision (d), provides in effect that no compensation shall be paid for an employee’s psychiatric injury resulting from a “ ‘regular and routine employment event’ ” unless the employee has been employed by the employer for at least six months. The requirement of six months’ employment does not apply to employees whose psychiatric injuries are related to a physical injury or result from a “sudden and extraordinary employment condition.’’ (Fn. 2, ante.)

Petitioner’s claim for psychiatric injury due to stress while working as a waitress for the El Rancho Tropicana Hotel in Santa Rosa was denied because she had not been employed by the hotel for six months. She argues that the requirement of six months’ employment is arbitrary and violates her constitutional rights to equal protection of the…