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Case Name Matea v. WCAB, The Home Depot (modified 12/12/2006)
Date 11/21/2006
Note Lumber falling from a rack in a store crushing the injured worker's leg was a 'sudden and extraordinary' event that caused compensable emotional injury under LC 3208.3 even though employment was less than 6 months.
Citation 144 Cal. App. 4th 1435
WCC Citation WCC 31942006 CA
H029661 (WCAB No. SJO 228156) INTRODUCTION Petitioner Aaron Matea sustained an admitted industrial injury when a rack of lumber fell on his left leg. Matea has filed a timely petition for writ of review, contending that the Board erred when it reversed the WCJ's findings. BACKGROUND Facts Eighteen-year-old Matea began working for The Home Depot in July 2001. The Home Depot further claimed that the issue as to the applicability of section 3208. 3 was raised in its pre-trial statement. [] In asserting that his injury was 'sudden and extraordinary' in this case, [Matea] misinterprets the [Wal-Mart] Court's language in footnote 9.

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