Sakotas

Sakotas v. Workers' Compensation Appeals Board

Good Law
2000 Cal. App. LEXIS 320·2000 Daily Journal DAR 4381·80 Cal. App. 4th 262·95 Cal. Rptr. 2d 153·65 Cal. Comp. Cases 366
Court of Appeal of CaliforniaApril 26, 2000B128688California3,781 words

Opinion

Opinion

Coffee, J.

Introduction

In this case Janice Sakotas, a desk clerk and sometimes substitute manager for Motel 6, filed a petition for writ of review alleging that the medical-legal report upon which the Workers’ Compensation Appeals Board (WCAB) relied in denying workers’ compensation benefits for an alleged psychiatric injury was not substantial evidence. In addition, Sakotas contends the Labor Code section applied by the WCAB to bar benefits violates the California Constitution and equal protection under the law. We conclude that the employer’s medical-legal report is consistent with the findings of the workers’ compensation judge (WCJ) and constitutes substantial evidence. We further hold that Labor Code section 3208.3, subdivision (b)(1), establishing the test of predominance for psychiatric injury claim, is a permissible exercise of power by the Legislature. The petition is denied.

Facts

Janice Sakotas was hired as a desk clerk by Motel 6 in 1993. Three to four times a year Sakotas was the manager on duty (MOD), from one week to one month at a time. Generally, an MOD looks after the property and employees and handles all the usual daily problems.

Sakotas reportedly had no…

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