ADJ18177050 · March 6, 2026

The evidence showed the scissor lift tipped over suddenly and unexpectedly, which was not a regular or routine employment event, meeting the criteria for a sudden and extraordinary employment condition under Labor Code section 3208.3(d). Defendant presented no contrary evidence.

From the decision · page 5Based on the evidence presented, applicant's injury was the result of a "sudden" employment condition, as described in section 3208.3(d). As he attempted to lower the scissor lift in order to exit the equipment, it suddenly and unexpectedly tipped over and fell. (Exhibit 5, applicant's offer of proof dated August 27, 2024, p. 1.) Because the employment condition that caused applicant's psychiatric injury was "sudden" within the meaning of section 3208.3(d), we turn to whether it was "extraordinary." In light of the legislative and judicial history, the reference to an "extraordinary" employment condition in section 3208.3(d) is an event that is not regular and routine, going beyond what is usual, regular, common, or customary. (Matea, supra, at 1448, quoting Webster's.)

The scissor lift tipped over suddenly and unexpectedly while applicant was attempting to exit, causing injury.

Favours Applicant prevailed

This event met the criteria of a sudden and extraordinary employment condition under Labor Code section 3208.3(d), making the psychiatric injury compensable despite less than six months employment.

From the decision · page 5Based on the evidence presented, applicant's injury was the result of a "sudden" employment condition, as described in section 3208.3(d). As he attempted to lower the scissor lift in order to exit the equipment, it suddenly and unexpectedly tipped over and fell. (Exhibit 5, applicant's offer of proof dated August 27, 2024, p. 1.) Because the employment condition that caused applicant's psychiatric injury was "sudden" within the meaning of section 3208.3(d), we turn to whether it was "extraordinary." In light of the legislative and judicial history, the reference to an "extraordinary" employment condition in section 3208.3(d) is an event that is not regular and routine, going beyond what is usual, regular, common, or customary. (Matea, supra, at 1448, quoting Webster's.)

Applicant had injury at work on May 11, 2023, when the scissor lift was not secured properly and fell, causing immediate pain and injury to right arm, elbow, low back, right hip, right knee, and right foot. Recommended psychological treatment.

Supports finding of sudden and extraordinary employment condition causing psychiatric injury and recommends psychological treatment.

From the decision · page 7Here, unlike Garcia who fell from a ladder, the lift was not secured properly and the entire piece of equipment tipped and fell, taking applicant with it. In the Qualified Medical Evaluator (QME) report of Dr. Kasendorf, he stated that:

Supports entitlement to psychological treatment for psychiatric injury.

Supports finding of sudden and extraordinary employment condition causing psychiatric injury and recommends psychological treatment.

From the decision · page 8As to the issue of whether applicant is entitled to a psyche QME, based on our review of the reporting of applicant's treating physician Michael Yoshida, M.D., and Dr. Kasendorf, a QME in Physical Medicine and Rehabilitation/Pain Medicine, we are persuaded that the record supports such a finding. Primary treating physician Dr. Yoshida and QME Dr. Kasendorf both recommend psychological treatment. (Exhibit 1, QME Report of Dr. Kasendorf, February 13, 2024, p. 56;

Labor Code section 3208.3(d)

Labor Code section 3208.3(d) regarding compensability of psychiatric injuries caused by sudden and extraordinary employment conditions.

The Board applied the statute to determine that the scissor lift tipping over was a sudden and extraordinary employment condition making the psychiatric injury compensable despite less than six months employment.

From the decision · page 4(b) (1) In order to establish that a psychiatric injury is compensable, an employee shall demonstrate by a preponderance of the evidence that actual events of employment were predominant as to all causes combined of the psychiatric injury.... (d) Notwithstanding any other provision of this division, no compensation shall be paid pursuant to this division for a psychiatric injury related to a claim against an employer unless the employee has been employed by that employer for at least six months. The six months of employment need not be continuous. This subdivision shall not apply if the psychiatric injury is caused by a sudden and extraordinary employment condition.

Applicant's verified offer of proof describing the scissor lift tipping over suddenly and unexpectedly, with no contrary evidence from defendant.

From the decision · page 5Based on the evidence presented, applicant's injury was the result of a "sudden" employment condition, as described in section 3208.3(d). As he attempted to lower the scissor lift in order to exit the equipment, it suddenly and unexpectedly tipped over and fell. (Exhibit 5, applicant's offer of proof dated August 27, 2024, p. 1.) Because the employment condition that caused applicant's psychiatric injury was "sudden" within the meaning of section 3208.3(d), we turn to whether it was "extraordinary." In light of the legislative and judicial history, the reference to an "extraordinary" employment condition in section 3208.3(d) is an event that is not regular and routine, going beyond what is usual, regular, common, or customary. (Matea, supra, at 1448, quoting Webster's.)