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Can a Psychiatric Injury Be Filed "Post-Termination" Where the Employee First Becomes Aware of Her Injury After Her Termination? It may not be well known, but both Labor Code Section 3600(a)(10) and Labor Code Section 3208.3(e)(5) contain provisions that exempt their application to those claims where the date of injury is determined in accordance with Labor Code Section 5412....Recently, a panel of commissioners with the Workers' Compensation Appeals Board addressed the interaction between Labor Code Sections 5412 and 3208.3(e). In Chan v. Carl Karcher Enterprises, Inc., 2011 Cal. Wrk. Comp. P.D. LEXIS 469, the applicant sought reconsideration of the findings issued by a WCJ wherein the judge found that applicant did not sustain an industrial injury to her psyche and that her claim of injury was barred by Labor Code Section 3208.3(e). > Read more.

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Medical Treatment; Physicians Within Reasonable Geographic Area. WCAB, rescinding WCJ's finding, held that orthopedic surgeon in Seattle, WA was located within a reasonable geographic area under LC 4600 to act as a treating surgeon for applicant living in Redwood City, CA, when treating physician's report, which WCAB found constituted substantial evidence, indicated that Seattle surgeon was best choice within a reasonable geographic area to perform complex left shoulder revision and total left shoulder replacement, over 11 doctors listed by defendant, and when WCAB concluded that given the limited surgery-connected visits applicant would be required to make to surgeon, Seattle was within a reasonable geographic area within meaning of Rule 9780(h). See Thomas panel decision.

Reminder: Check the subsequent history of a panel decision before citing to it.

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