MARLON JOHNSON, Applicant vs. MHX, LLC; ZURICH AMERICAN INSURANCE, Defendants
ADJ number
ADJ12944107
Decision date
Mar 29, 2022
District office
Riverside
WCJ
—
Claim administrator
Zurich American Insurance
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE ZALEWSKI, CHAIR
Injury / body parts: psyche, left forearm, left elbow, left shoulder, left wrist, chest, neck, ribs, abdomen, left side, facial, left lung, hypertension, vision, headache, memory loss, speech, back, left fingers, left hand, hearing
Truck driver Marlon Johnson claimed a psychiatric injury after his truck was struck by a commuter train at a railroad crossing on January 10, 2020, while employed less than six months. The WCJ found the psyche claim barred by Labor Code section 3208.3(d) because the train collision was not a 'sudden and extraordinary' employment condition. On reconsideration, the WCAB rescinded the F&O, holding that being struck by a commuter train is not a regular or routine employment condition even for truck drivers, and therefore qualifies as a sudden and extraordinary employment condition. The Board found the injury was both 'sudden' (occurring unexpectedly without notice) and 'extraordinary' (uncommon, unusual, and not a regular employment event), with defendant having presented no evidence such collisions are common. The matter was remanded for medical discovery on the psyche injury, with all other issues deferred.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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