Were you Employed With This Employer at least 6 Months ?
In order to have a viable stress claim you must have been employed for at least 6 months... UNLESS the psychiatric injury is caused by a "SUDDEN AND EXTRAORDINARY" employment condition. What qualifies for a sudden and extraordinary event is the subject of many workers compensation trials. An example of one would be .. Ms. Smith is working at a 24 hour convenience store only 6 weeks when 3 armed individuals wearing ski masks storm into the store and rob her at gun point threatening to kill her.
When does the 6 months period begin?
Your actual first day of work starts the clock running... not the date you were hired.
Is there a presumption of Compensibility ?
The general rule in workers compensation in California is that if the claim is not rejected by the insurance carrier within the first 90 days after filing then the claim is presumed accepted. This 90 day presumption of acceptability is not applicable to stress related injuries.
What if your psychological claim is part of another injury reported
The six month employment requirement is not applicable for treatment for psychological injury (pain and depression / anxiety ) that is a compensible consequence of a physical injury. A physical injury that results in a compensible consequence psychiatric injury is controlled by Labor Code Sec 3208.3
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.