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WAL-MART STORES, INC. v. W.C.A.B.

No. E033208.

5 Cal.Rptr.3d 822 (2003)

112 Cal.App.4th 1435

WAL-MART STORES, INC., et al., Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and Velta Elaine Garcia, Respondents.

Court of Appeals of California, Fourth District, Division Two.

October 30, 2003.

Attorney(s) appearing for the Case

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.

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.

OPINION

RICHLI, Acting P.J.

In this matter we hold that an employee who files a workers' compensation claim seeking benefits for an injury to the psyche that 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. As the Board ruled otherwise, we annul the order under review.

STATEMENT OF FACTS

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