Matea

INTRODUCTION

Petitioner Aaron B. Matea sustained an admitted industrial injury when a rack of lumber fell on his left leg. In addition to his physical injury Matea alleged a resulting psychiatric injury, but at the time of his injury he had worked for respondent The Home Depot for less than six months. California’s workers’ compensation system is intended to guarantee compensation to employees injured in the course of their employment, but Labor Code section 3208.3, subdivision (d) precludes compensation “for a psychiatric injury related to a claim against an employer unless the employee has been employed by that employer for at least six months.” An exception to this six-month rule is provided for psychiatric injuries that are “caused by a sudden and extraordinary employment condition.” (§ 3208.3, subd. (d).) In this case, the workers’ compensation judge (WCJ) found that Matea’s injury was caused by “a sudden and extraordinary event.” The Workers’ Compensation Appeals Board (the Board) reversed that finding by the WCJ and found that it was Matea’s burden to show that his psychiatric injury was caused by a sudden and extraordinary employment condition but, based on…