Travelers Cas. & Surety Co. v. Workers' Comp. Appeals Bd.Annotate this Case
Dreher had been a maintenance supervisor at an Alliance apartment complex for 74 days when he slipped and fell on concrete walkway in the complex in the rain. Dreher sustained a fractured pelvis and injuries to his neck, shoulder, leg, and knee. He suffered gait derangement, a sleep disorder, and headaches. Dreher required surgery to repair pelvic fractures, another surgery to repair a torn meniscus, and another surgery to address issues with his foot and ankle. Dreher sought compensation for a psychiatric injury. An evaluation concluded that Dreher suffered a psychiatric disability as a result of the accident, including depression, difficulty sleeping, and panic attacks. The ALJ found that Dreher sustained an injury arising out of and in the course of his employment but denied his claim as barred by section 3208.3(d) because Dreher was employed by Alliance for less than six months and his psychiatric injury did not result from a sudden and extraordinary employment condition. On reconsideration, the Workers’ Compensation Appeals Board found that the injury was not barred. The court of appeal annulled the decision. Dreher’s testimony that he was surprised by the slick surface because the other walkways had a rough surface, and that the walkway was later resurfaced, did not demonstrate that his injury was caused by an uncommon, unusual, or totally unexpected event.