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| 1 minute read

Falling Ice Machine = Not a Violent Act (at least this time!)

Many are aware of how SB 863 amended LC 4660.1(c) to eliminate increased impairment ratings for sleep dysfunction, sexual dysfunction, or psychiatric disorder due to a compensable consequence of a industrial physical injury, with one of the exceptions being if the compensable psychiatric injury resulting from being a victim of a violent act or exposure to a violent act. 

A recent Board Panel Decision (note  - not designated as a "significant panel decision") found that Applicant's injury secondary to trying to stop an ice machine from falling was not caused by a "violent act". Applicant was precluded from added psyche impairment as it "did not involve extreme or intense force nor could it be characterized as vehemently or passionately threatening, and absent legislative history indicating that 2019 amendment to Labor Code § 4660.1(c)(1), stating that impairment rating for sleep dysfunction, sexual dysfunction, or psychiatric disorder “shall not increase,” was more than non-substantive change or intended to reinstate compensability for permanent impairment for these conditions, WCAB rejected applicant’s assertion that amendment was intended to preclude application of 1.4 adjustment in Labor Code § 4660.1(b), but otherwise provide compensability for permanent impairment resulting from these conditions."

"An interesting Board Panel Decision recently held that applicant’s injury, which occurred when he tried to stop an ice machine from falling, was not caused by a “violent act...”

Tags

workerscompensation, riskmanagement, californialaw
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Hanna Brophy is pleased to announce the promotion of Nina Prestigiacomo to Partner. Nina joined the firm as an Associate Attorney in 2015...