Mendoza, Jorge

Jorge Mendoza, a laborer employed less than six months, claimed psychiatric injury as a compensable consequence of a May 11, 2023 industrial injury to his right arm, shoulder, and hip when the scissor lift he was operating at approximately 20 feet tipped over and fell. The WCJ found the psychiatric injury barred under Labor Code section 3208.3(d) because it was not caused by a sudden and extraordinary employment condition and applicant had been employed less than six months. Applicant sought reconsideration arguing the lift's overturning was a sudden and extraordinary event, supported by an offer of proof and a Cal/OSHA serious accident-related citation. The Appeals Board granted reconsideration on a preliminary basis, finding it unclear whether the psychiatric injury was caused by a sudden and extraordinary employment condition and deferred a final decision pending further study of the record. The Board also addressed the timeliness of its action under amended section 5909.