Moreno, Cheyanne

Applicant Cheyanne Moreno, a customer service representative, claimed a psychiatric injury from alleged harassment by coworkers over a five-month period. The WCJ found her claim barred under Labor Code section 3208.3(d) because the alleged injury did not result from a sudden and extraordinary employment condition, placing the burden on applicant to establish the exception to the six-month employment requirement. On reconsideration, the WCAB held that the burden of raising and establishing the six-month employment requirement rests on the defendant, not the applicant, so the WCJ misassigned the burden of proof. The Board also found the record unclear as to whether applicant's employment lasted at least six months (or substantially complied), given a dispute over whether she remained employed after November 14, 2019 until her March 4, 2020 resignation. The Board rescinded the F&O and returned the matter to the trial level for development of the record.