Circle K. Corporation, Travelers Insurance Company v. Workers' Compensation Appeals Board

In Circle K. Corporation, Travelers Insurance Company v. Workers' Compensation Appeals Board (1999) 65 Cal.Comp.Cases 64 (Circle K), the WCJ ruled the applicant's claimed psychiatric injury was a compensable consequence of an admitted 1996 industrial injury to her head, neck and shoulder. He found that section 3208.3, subdivision (b)(1) did not apply and, in the alternative, that the opinion of the qualified medical examiner justified a finding that the applicant's psychiatric injury was, in fact, predominantly caused by her admitted physical injury. (Circle K, at p. 65.) In granting reconsideration, the Board adopted and incorporated the WCJ's analysis and reiterated the Rebelo panel's conclusion that the Legislature's focus in enacting section 3208.3 was on reducing or eliminating stress claims "arising from the very brief exposure window in the initial stage of employment." (Circle K, at p. 65.) Alternatively, if a compensable-consequence psychiatric injury is governed by the statute, the precipitating orthopedic injury constitutes " 'an "actual event of employment" ' " within the meaning of subdivision (b)(1). (Circle K, at p. 65.)