State Comp. Ins. Fund v. Workers' Comp. Appeals Bd.

*799 I. INTRODUCTION

*508 Respondent Jose A. Guzman, a construction laborer, was operating a compactor when he was injured. The compactor, which is used to pack down soil, hit a rock while Guzman was working on a hillside with a 45-degree slope. The compactor rose in the air, caused Guzman to fall backwards, and then fell on top of him. The workers' compensation judge (WCJ) determined that Guzman sustained an injury to his back and psyche, and that the *800 psychiatric injury was caused by a "sudden and extraordinary employment condition." ( Lab. Code, § 3208.3, subd, (d).) 1 Petitioner State Compensation Insurance Fund (SCIF), the workers' compensation carrier for Guzman's employer, petitioned for reconsideration. The Workers' Compensation Appeals Board (Board) denied reconsideration.

SCIF filed a petition for writ of review. SCIF contends that Guzman failed to meet his burden of proving that his psychiatric injury was caused by a "sudden and extraordinary employment condition." ( § 3208.3, subd. (d).)

For reasons that we will explain, we agree with SCIF. Accordingly, we will annul the Board's order denying reconsideration.

II. BACKGROUND

A. Facts

Guzman, who was the only…