In McKee v. Aerotek, Inc., 2021 Cal. Wrk. Comp. P.D. LEXIS 189, the panel majority held that a nurse case manager's injury when she fell off a loading dock that she failed to notice while walking to the cafeteria was sudden and extraordinary pursuant to LC 3208.3(d). It found that the applicant worked a desk job and her job duties did not necessitate using the loading dock. It concluded that this was not the type of routine physical injury that a person in the applicant's occupation would experience or expect within the first six months of employment, so her psychiatric injury was not barred by LC 3208.3(d). The dissenting commissioner believed that falling from an obvious ledge due to inattention was the kind of incident that reasonably could be expected to occur.
Hefley Law, APC