WCAB
Department of Corrections v. Workers' Compensation Appeals Board
Opinion
Opinion
Curry, J.
Introduction
On June 14, 1999, the State of California, Department of Corrections, California Institute for Women (hereafter Institute), filed a petition for writ of review after the Workers’ Compensation Appeals Board (hereafter WCAB) found that Grace Garcia, a correctional officer employed by the department, had suffered a work-related psychiatric injury, which produced a 9 percent permanent disability. The WCAB further found that her employment experiences were at least 35 percent of the causation of this injury. Neither the WCAB nor Garcia has filed an answer to this petition.
We conclude that the WCAB applied an incorrect threshold for compensability, and annul the WCAB decision and remand the matter for further proceedings.
Relevant Factual and Procedural Background
Grace Garcia was employed by the Institute from December of 1990 through October 26, 1995, as a part-time correctional peace officer.
Garcia was considered a good officer. In April 1996, Garcia filed a claim for workers’ compensation benefits, alleging injury to her psyche for the period from October 26, 1994, to October 26, 1995. The Institute denied Garcia’s claim.