What the panel ordered
WCJ's Findings and Order of November 15, 2024, rescinded; new Findings of Fact substituted; matter remanded to WCJ for further proceedings.
Petition for reconsideration of the WCJ Findings and Order issued November 15, 2024, granted; WCJ's Findings and Order rescinded and matter remanded for further proceedings.
This docket was decided more than once. Shown here is the latest released decision; we also hold February 18, 2025.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The evidence showed the scissor lift tipped over suddenly and unexpectedly, which was not a regular or routine employment event, meeting the criteria for a sudden and extraordinary employment condition under Labor Code section 3208.3(d). Defendant presented no contrary evidence.
From the decision · page 5Based on the evidence presented, applicant's injury was the result of a "sudden" employment condition, as described in section 3208.3(d). As he attempted to lower the scissor lift in order to exit the equipment, it suddenly and unexpectedly tipped over and fell. (Exhibit 5, applicant's offer of proof dated August 27, 2024, p. 1.) Because the employment condition that caused applicant's psychiatric injury was "sudden" within the meaning of section 3208.3(d), we turn to whether it was "extraordinary." In light of the legislative and judicial history, the reference to an "extraordinary" employment condition in section 3208.3(d) is an event that is not regular and routine, going beyond what is usual, regular, common, or customary. (Matea, supra, at 1448, quoting Webster's.)