California Court of Appeal

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WAL-MART STORES, INC. v. WORKER'S COMP. APPEALS BD., e033208

The order of the Worker's Compensation Appeals Board is annulled where an employee who files a workers' comp claim seeking benefits for an injury to the psyche which derives from the effects of an admitted routine physical injury, cannot recover unless the employee has worked for the employer for at least six months.

Appellate Information

  • Decided 10/30/2003
  • Published 10/30/2003

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Bradford & Barthel and Chris P. Stettler for Petitioner Wal-Mart Stores, Inc., Finnegan, Marks, Hampton & Theofel and Ellen Sims Langille, San Francisco, for California Workers' Compensation Institute as Amicus Curiae on behalf of the Petitioner.

  • For Appellees:
  • Law Office of Marsha Ciniello and Marsha Ciniello, Yucca Valley, for Respondent, Velta Elaine Garcia., No appearance for Respondent Workers' Compensation Appeals Board., David Bryan Leonard, Los Angeles, for California Society of Industrial Medicine & Surgery, Inc., and California Psychiatric Association, Inc., as Amici Curiae on behalf of the Respondents.
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