State Compensation Insurance Fund v. Workers' Compensation Appeals Board

—Rigoberto Garcia worked at Cole Ranch for approximately two months. While picking avocados from a high tree, he fell from a 24-foot ladder and suffered traumatic head injury. He filed a workers’ compensation claim for psychiatric injury.

Labor Code section 3208.3, subdivision (d) generally bars claims of psychiatric injury if the applicant was employed less than six months. 1 This bar does not apply if the psychiatric injury is caused by a “sudden and extraordinary employment condition.” {Ibid.)

Garcia’s fall was sudden, but it was not extraordinary within the meaning of section 3208.3, subdivision (d). It was an occupational hazard of picking avocados while standing on a ladder, and thus was not uncommon, unusual or unexpected. We therefore annul the decision of the Workers’ Compensation Appeals Board (WCAB) and remand with instructions to deny Garcia’s claim for psychiatric injury.

FACTUAL AND PROCEDURAL BACKGROUND

The facts are not disputed. In May 2010, Cole Ranch employed Garcia as an avocado picker/high tree worker. Approximately two months later, Garcia fell from the top of a 24-foot ladder while picking avocados from a high tree. He suffered a serious and…