6 month threshold psyche claim (California)

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6 month threshold psyche claim (California)

Postby Attyin909 on Thu Oct 03, 2019 8:45 am

Applicant worked 6 months between temp agency and then hired by the special employer as their employee. 3 months at each entity. Same people involved with the alleged stress against the applicant. Is there legal ground for applicant to overcome 6 month rule?
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Re: 6 month threshold psyche claim (California)

Postby jpod on Thu Oct 03, 2019 9:54 am

Not sure; what entity was the claim filed against?

LC 3208 says:

(d) Notwithstanding any other provision of this division, no compensation shall be paid pursuant to this division for a psychiatric injury related to a claim against an employer unless the employee has been employed by that employer for at least six months.

Can it be said to be the same employer? It is a general/special employment for sure but coverage follows revenue/payroll so unsure how you can make the temp agency's insurer liable. Perhaps this would be a contribution issue. And perhaps the contract between the employer and the agency has a clause requiring Agency to indemnify - but again that would only be through the time the temp was on the agency payroll.

I think there is case law that says the 6 month requirement does not necessarily have to be met prior to the filing of the claim, so post filing employment can reach the 6 months if my memory is correct.
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Re: 6 month threshold psyche claim (California)

Postby LawAdvocate on Thu Oct 03, 2019 10:45 am

From the Applicant side, I agree you argue that essentially it is the same employee given who had actual control and benefit of the work. It is worth a shot.
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Re: 6 month threshold psyche claim (California) (California)

Postby Attyin909 on Thu Oct 03, 2019 11:04 am

LawAdvocate wrote:From the Applicant side, I agree you argue that essentially it is the same employee given who had actual control and benefit of the work. It is worth a shot.


I am thinking about filing the CT against both the temp agency and the special who became her actual employer

The same people were involved in the stress and harassment

I couldn't find any case law on this issue but I thought I heard something a few years back
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Re: 6 month threshold psyche claim (California)

Postby vampireinthenight on Tue Oct 08, 2019 8:29 am

I cannot think of any cases on point but I would think under these facts you could likely add the employments periods together. Listing both as defendants is probably a safe move.
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