Question Answer
What is a “psychiatric injury” in CA WC? A diagnosed mental disorder (e.g.
depression
Two major categories of psychiatric injury? Primary (directly from work events/conditions) vs Secondary (stemming from a compensable physical injury and its consequences).
AOE/COE requirement for psych claims? Must satisfy both: AOE = caused by work events/conditions; COE = occurred within the scope of employment.
“Actual events or work conditions” rule? The condition must be tied to specific workplace events/conditions (e.g.
traumatic incident
Is ordinary work stress enough? Generally no—routine pressure/workload alone is insufficient unless stress is extreme or linked to a specific event.
Functional impact requirement? The psych condition must produce measurable functional impairment affecting daily activities or job performance.
Who carries the burden of proof? The employee—must prove the psychiatric condition is work-related under the statutory standards.
Predominant cause threshold (general psych claims)? Actual events of employment must be ≥51% the predominant and substantial cause.
Threshold after a violent event? Lower: ~35% (35–40% range referenced) if the injury was caused by a violent work event.
Minimum employment duration? Generally must have worked for the employer at least 6 months.
Exception to the 6-month rule? Sudden or extraordinary events waive the six-month requirement.
How are pre-existing psych conditions handled? Claimant must show work aggravated the condition or caused additional psychiatric disability beyond baseline.
Role of the QME/treating physician? Provide expert medical causation opinion linking workplace events to the psychiatric condition (history
exam
Common work-related psych conditions (1)? PTSD—often from traumatic workplace events (accident
assault
Common work-related psych conditions (2)? Depression—from long-term job stress
injury sequelae
Common work-related psych conditions (3)? Anxiety disorders—from stress
bullying
Common work-related psych conditions (4)? Adjustment disorder—emotional/behavioral symptoms in response to a work stressor.
Common work-related psych conditions (5)? Chronic stress syndromes—sustained high demands/poor support → persistent anxiety/depression.
Core qualification element for benefits? A diagnosed mental disorder that requires treatment or causes disability.
Compensable benefit—medical care? Psychiatric treatment (therapy
medication
Compensable benefit—temporary disability (TD)? Wage replacement (~two-thirds AWW up to statutory max) while unable to work due to the psych condition.
Compensable benefit—permanent disability (PD)? Payments based on degree of permanent impairment as determined by QME/treating physician.
Compensable benefit—vocational rehab? Retraining/placement if unable to return to prior job due to the psychiatric injury.