Category Archives: Labor Code Section 3208.3

WCAB Orders Reconsideration in COVID-19 Vaccine Mandate Case

In a recent decision, the California Workers’ Compensation Appeals Board (WCAB) granted a Petition for Reconsideration in Cisneros v. Los Angeles Unified School District, a case involving a healthcare assistant’s psychiatric injury claim following the enforcement of a mandatory COVID-19 vaccination policy. Within this blog post, our Fresno workers’ compensation defense lawyer discusses the allegations […]

California Labor Code §3208.3 Claims: How is “Sudden and Extraordinary” Defined?

In California, employers are required to carry no-fault workers’ compensation insurance coverage for their employees. If a person is hurt on the job, they can file for benefits. However, California Labor Code § 3208.3(d) states that employers cannot be held liable through a workers’ compensation claim for a “psychiatric injury” of an employee who has […]

HOW TO DEFEND A POST-TERMINATION PSYCH INJURY WORKERS’ COMPENSATION CLAIM IN CALIFORNIA

Imagine that a worker is fired, laid off, or otherwise terminated by your company. What happens if that former employee, then turns around and files for workers’ compensation benefits on the grounds that they sustained a “psychiatric injury”—post-traumatic stress disorder (PTSD), anxiety, depression, etc.—while working for your business or organization? California law allows employers to […]

California Workers’ Compensation Defense: Understanding the “Sudden and Extraordinary” Exception to the Six-Month Employment Rule

The California Division of Workers’ Compensation is clear: An employee has the right to file for workers’ compensation benefits for a psychiatric injury. For the purposes of California workers’ compensation claim, the term ‘psychiatric injury’ is used broadly—it covers a wide range of mental health related issues, including depression, anxiety, and inability to sleep. California […]