Lab. Code, § 3208.3
Workers' compensation claims for psychiatric injury governed by Labor Code section 3208.3, including the six-month employment requirement and exceptions for sudden and extraordinary employment conditions.
The Board considered the applicability of section 3208.3(d) to the applicant's psychiatric injury claim and the interaction with section 5500.5 election process.
From the decision · page 2Workers' compensation claims for psychiatric injury are governed by section 3208.3,
which provides that "[a] psychiatric injury shall be compensable if it is a mental disorder which
causes disability or need for medical treatment, and it is diagnosed pursuant to procedures
promulgated under... the American Psychiatric Association's Diagnostic and Statistical Manual
of Mental Disorders, Third Edition-Revised, or the terminology and diagnostic criteria of other
psychiatric diagnostic manuals generally approved and accepted nationally by practitioners in the
field of psychiatric medicine." (Lab. Code, § 3208.3(a).) However, section 3208.3(d) bars
Lab. Code, §§ 5907, 5908, 5908.5
The Appeals Board has continuing jurisdiction and authority to grant reconsideration and reopen the entire record for further consideration.
The Board exercised its continuing jurisdiction to grant reconsideration and defer final decision pending further review.
From the decision · page 5A grant of reconsideration has the effect of causing "the whole subject matter [to be]
reopened for further consideration and determination" (Great Western Power Co. v. Industrial
Acc. Com. (Savercool) (1923) 191 Cal.724, 729 [10 I.A.C. 322]) and of "[throwing] the entire
record open for review." (State Comp. Ins. Fund v. Industrial Acc. Com. (George) (1954) 125
Cal.App.2d 201, 203 [19 Cal.Comp.Cases 98].) Thus, once reconsideration has been granted, the
Appeals Board has the full power to make new and different findings on issues presented for
determination at the trial level, even with respect to issues not raised in the petition for
reconsideration before it. (See Lab. Code, § 5907, 5908, 5908.5; see also Gonzales v. Industrial
Acci. Com. (1958) 50 Cal.2d 360, 364.) ["[t]here is no provision in chapter 7, dealing with
proceedings for reconsideration and judicial review, limiting the time within which the
commission may make its decision on reconsideration, and in the absence of a statutory authority
limitation none will be implied."]; see generally Lab. Code, § 5803 ["The WCAB has continuing
jurisdiction over its orders, decisions, and awards.... At any time, upon notice and after an
opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or
amend any order, decision, or award, good cause appearing therefor.].)