WCAB

In this matter we hold that an employee who files a workers’ compensation claim seeking benefits for an injury to the psyche that derives from the effects of an admitted routine physical injury, cannot recover unless the employee has worked for the employer for at least six months. As the Board ruled otherwise, we annul the order under review.

STATEMENT OF FACTS

The petition involves an issue of law, and the factual details may therefore be omitted. Velta Elaine Garcia (Applicant) suffered an admitted orthopedic injury to her back while employed by Wal-Mart (Employer) in February of 1995. At the time, she had worked for Employer for less than six months. Applicant had back surgery and has not returned to work.

Some four years after the incident, Applicant amended her workers’ compensation claim to assert that she had suffered damage to her psyche resulting from the disability caused by the orthopedic injury. The workers’ compensation judge ruled that she was not entitled to compensation benefits with respect to the claimed psychiatric injury because it was barred by the “six-month” rule of Labor Code section 3208.3, subdivision (d). (See infra.) The Workers’…