James

An employee suffers a psychiatric injury. Labor Code section 3208.3, subdivision (d), provides that in order for the employee’s psychiatric injury to be compensable, the injured employee must be employed for more than six months, unless the injury is caused by a sudden and extraordinary employment incident.

Section 5402 provides that an injury is deemed compensable if the employer fails to reject a claim within 90 days, unless rebutted by evidence not readily discoverable in that period.

Here we hold that the provisions of section 5402 do not apply to employees claiming psychiatric injuries who have been employed for less than six months where the injury is not caused by a sudden and extraordinary employment incident. In such circumstances, the employer may assert that the conditions of compensability for a psychiatric injury under section 3208.3, subdivision (d), have not been met even though the employer has provided medical treatment and temporary disability to the employee for over one year.

Petitioner Rebecca James seeks to annul the order of respondent Workers’ Compensation Appeals Board (the Board) after reconsideration. The Board affirmed the finding of the…