by stewshe on Wed Nov 18, 2009 3:50 pm
goldfarb,
My Work Comp Index, 7th Ed., on page 630 under "Psychiatric Injury, contd.," lists:
..• Actual Events of Employment: Minimum of 10% change, must be due to “actual events
......of employment,” L.C. §3208.3(b), applies to injuries 1-1-90 to 7-15-93; increased to a
......“preponderance of the evidence,” or 51% as to all causes, for injuries o/a 7-16-93;
......CWCLP §6:53; infra, “• Perception of stress,” p637
......▫ Predominant cause, L.C. §3208.3(b)(1), must be met by the overall psychiatric
.........condition: Thus a single psychological component can not qualify if the entire psyche
.........injury doesn’t, Sonoma State (HUNTON) 34 CWCR 218, 71 CCC 1059
I believe the "component" discussed in the second case refers to, e.g., "depression" only which might be ALL due to an injury, but the overall psyche causation could be perhaps only 30% due to employment. Still, it should have some useful language and might help you find other cases more on point?
stew