Kamin: The Difference Between 'Sudden and Extraordinary' and 'Violent Act' Exceptions

Monday, September 22, 2025 | 0

When analyzing psych claims, it’s common for even the most seasoned workers’ compensation professionals to mix up some of the most well-known exceptions to the rules.

John P. Kamin

The two easiest exceptions to mix up are the “sudden and extraordinary” and the “violent act” exceptions. While they have some similarities, one can tell by the names of these exceptions that they are clearly different. One refers to violence, whereas the other refers to suddenness.

Let’s take a closer look at how these exceptions apply.

In short

The “sudden and extraordinary” exception is an exception to the “six-month rule,” which refers to the concept that an applicant needs to work for an employer for six months before he can file a claim for a psychological injury.

The “violent act” exception arises when an applicant is trying to get around the rule barring benefits for a psychological injury that is the sequelae of physical trauma. Applicants can make psych that emanates from a physical injury compensable if they can show that the injury was due to a violent act.

Violent act

Black’s Law Dictionary defines a “violent act” as one "that is characterized by either strong physical force, extreme or intense force, or an act that is vehemently or passionately threatening.”

In the case of Zarifi v. Group 1 Automotive (2018), the Workers' Compensation Appeals Board gave some examples of a violent act. Those included:

… such as being struck from behind by a car, causing a loss of consciousness [Larsen, supra], falling from a tree, losing a helmet and striking his head multiple times while hanging by a tether, [Greenbrae Mgmt v. WCAB (Torres) (2017) 82 Cal. Comp. Cases 1494 (writ den.)] or being pinned and crushed in the cab of a truck for 35-40 minutes after rolling it over in an accident [Madson v. Cavaletto Ranches, 2017 Cal. Wrk. Comp. P.D. LEXIS 95].

Our friends at the California Lawyers Association published an article from applicants' attorney Julius Young going into these descriptions in greater detail, if you want to read up more on the cases cited here.

To cut to the chase, the violent act exception features an act of violence that involves being hit by a car, or applicant is repeatedly struck, pinned, crushed, etc.

Sudden and extraordinary

As mentioned above, the sudden and extraordinary exception arises when an employee has worked for the employer for fewer than six months. In that case, the applicant must show that his psych injury arose from a sudden and extraordinary event (this is found in LC 3208.3(d)).

As we wrote in 2022, applicants will try to argue that the thing that occurred was unexpected. Savvy defendants can combat that by having employer witnesses testify that the event was frequent or routine, as opposed to unexpected.

The WCAB has, of course, examined what constitutes a sudden and extraordinary event, and what does not.

In the case of Sophia Salas v. Innovative Work Comp Solutions, the WCAB ruled that the following situation was a sudden and extraordinary event: Another motorist suddenly drove into a delivery van, sending the applicant’s delivery van spinning and ultimately falling onto its side.

In the case of Gilberto Rodriguez v. Nooter Construction, the WCAB ruled that the following situation was not sudden and extraordinary: Working in a rubber ALKY suit above the ground. This was not sudden and extraordinary because this was a somewhat regular work condition that applicant had done before.

Defense attorneys should take note that in order to raise the six-months-of-employment rule, they first have the burden to show that the applicant worked for the employer for fewer than six months. Defendants can do this with payroll records, the personnel file, HR records and witness testimony. But don’t just assume that the court will raise this rule for you; defendants should take care to prove that the six-month rule applies.

Conclusion

It’s easy to mix up which exception applies to which rule. That’s OK; we are all human, and nobody’s memory is perfect.

Perhaps the following mnemonics (aka fancy word tricks) can help one tell these exceptions apart:

• Six (months) — sudden and extraordinary. Acronym: SSE.
• Violent act aequelae (to ortho injuries). Acronym: VAS.

Try saying those 10 times in a row. If your tongue isn’t twisted into a knot by then, perhaps you’ll be better than the rest of us when it comes to remembering which exception applies to which rule.

John P. Kamin is a workers’ compensation defense attorney and partner at Bradford & Barthel’s Woodland Hills location. He is WorkCompCentral's former legal editor. This entry from Bradford & Barthel's blog appears with permission.