Dana McKee — ADJ12386691

Applicant Dana McKee, a 59-year-old nurse case manager employed for less than six months, fell off a loading dock several feet to the ground on her second day of work while looking for the cafeteria, sustaining injuries including a claimed psychiatric injury. Defendant denied the psychiatric claim under Labor Code section 3208.3(d), which bars psychiatric injury claims for employees employed less than six months unless caused by a sudden and extraordinary employment condition. The WCJ found the loading dock fall was a sudden and extraordinary event because such a fall was not a routine event for a desk-based nurse case manager, and thus the claim was not barred. The WCAB majority adopted the WCJ's report and denied reconsideration, distinguishing cases where falls were inherent occupational risks (roofers, avocado pickers, maintenance workers). Commissioner Razo dissented, viewing the fall from an obvious ledge due to inattention as a reasonably expected occurrence, not extraordinary.