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Corie Emery — ADJ11964867

CORIE EMERY, Applicant vs. HERTZ CORPORATION; and ACE AMERICAN INSURANCE COMPANY, adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ11964867
Decision date: Oct 31, 2021
District office: Oakland
WCJ: —
Claim administrator: Sedgwick Claims Management Services (adjusting for ACE American Insurance Company)
Commissioners: DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: psyche, low back, left shoulder

LC §3208.3

Summary

Applicant Corie Emery, a Hertz manager trainee employed less than six months, suffered a psychiatric injury after a customer made threats by phone (to 'come down' and 'hurt' or 'shoot' her). Defendant denied the psychiatric claim under Labor Code section 3208.3(d), the six-month employment bar, arguing the event was not 'extraordinary.' The WCJ found applicant's injury arose from a sudden and extraordinary employment condition (workplace violence) based on her credible, unrebutted testimony and the lack of specific training in handling threatening customers. The WCAB adopted the WCJ's report and denied reconsideration, agreeing the threatening call went beyond what is usual, regular, common, or customary and was totally unexpected. The Board afforded great weight to the WCJ's credibility determination.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.