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Actual Event of Employment Under LC 3208.3(b)(1)

Posted by Sure S. Log on Jun 15, 2021 10:00:00 AM

Labor Code § 3208.3(b)(1) requires a psychiatric injury to be caused predominantly by "actual events of employment." The Court of Appeal has recognized that "The phrase 'actual events of employment' does not provide clear guidance because it is 'susceptible to many meanings.'" (Verga v. WCAB (2008) 159 Cal. App. 4th 174, 185.) It noted that "The intent of the statute was 'to establish a new and higher threshold of compensability for psychiatric injury' and to 'limit claims for psychiatric benefits due to their proliferation and their potential for fraud and abuse.'" (Verga v. WCAB (2008) 159 Cal. App. 4th 174, 185.)

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Topics: psychiatric injury, LC 3208.3, Objective Evidence

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