ADJ9095459 · December 11, 2023

The Appeals Board granted both applicant's and defendant's petitions for reconsideration and deferred the final decision pending further review of the merits and the entire record.

From the decision · page 7For the foregoing reasons, IT IS ORDERED that applicant's Petition for Reconsideration of the Findings and Order issued by a workers' compensation administrative law judge on September 19, 2023 is GRANTED. IT IS FURTHER ORDERED that defendant's Petition for Reconsideration of the Findings and Order issued by a workers' compensation administrative law judge on September 19, 2023 is GRANTED.

Applicant was employed as a professional baseball player for over 12 years with various employers, but less than six months with the Pittsburgh Pirates.

Favours Applicant prevailed

This fact is relevant to the application of Labor Code section 3208.3(d) regarding the six-month employment requirement for psychiatric injury claims.

From the decision · page 42003 to October 15, 2004, and for the Chicago White Sox from February 2, 2005 to October 15, 2005. (Minutes of Hearing (Further), April 18, 2022, at p. 3:1.) Applicant's stated periods of employment with these employers all exceed the six-month requirement of section 3208.3(d). However, applicant is currently proceeding as against the Pittsburgh Pirates pursuant to section 5500.5, and the parties have stipulated that applicant was employed by the Pirates from March 26, 2002 to July 3, 2002, a period of less than six months. (Id. at p. 3:6.) Defendant contends that the "plain language" of section 3208.3(d) precludes any liability for psychiatric injury as to the Pirates. (Petition for Reconsideration, at p. 17:19.)

Lab. Code, § 3208.3

Workers' compensation claims for psychiatric injury governed by Labor Code section 3208.3, including the six-month employment requirement and exceptions for sudden and extraordinary employment conditions.

The Board considered the applicability of section 3208.3(d) to the applicant's psychiatric injury claim and the interaction with section 5500.5 election process.

From the decision · page 2Workers' compensation claims for psychiatric injury are governed by section 3208.3, which provides that "[a] psychiatric injury shall be compensable if it is a mental disorder which causes disability or need for medical treatment, and it is diagnosed pursuant to procedures promulgated under... the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, Third Edition-Revised, or the terminology and diagnostic criteria of other psychiatric diagnostic manuals generally approved and accepted nationally by practitioners in the field of psychiatric medicine." (Lab. Code, § 3208.3(a).) However, section 3208.3(d) bars

Lab. Code, §§ 5907, 5908, 5908.5

The Appeals Board has continuing jurisdiction and authority to grant reconsideration and reopen the entire record for further consideration.

The Board exercised its continuing jurisdiction to grant reconsideration and defer final decision pending further review.

From the decision · page 5A grant of reconsideration has the effect of causing "the whole subject matter [to be] reopened for further consideration and determination" (Great Western Power Co. v. Industrial Acc. Com. (Savercool) (1923) 191 Cal.724, 729 [10 I.A.C. 322]) and of "[throwing] the entire record open for review." (State Comp. Ins. Fund v. Industrial Acc. Com. (George) (1954) 125 Cal.App.2d 201, 203 [19 Cal.Comp.Cases 98].) Thus, once reconsideration has been granted, the Appeals Board has the full power to make new and different findings on issues presented for determination at the trial level, even with respect to issues not raised in the petition for reconsideration before it. (See Lab. Code, § 5907, 5908, 5908.5; see also Gonzales v. Industrial Acci. Com. (1958) 50 Cal.2d 360, 364.) ["[t]here is no provision in chapter 7, dealing with proceedings for reconsideration and judicial review, limiting the time within which the commission may make its decision on reconsideration, and in the absence of a statutory authority limitation none will be implied."]; see generally Lab. Code, § 5803 ["The WCAB has continuing jurisdiction over its orders, decisions, and awards.... At any time, upon notice and after an opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor.].)