Puga v. WCAB (Zacky Farms)

Filed 2/8/07  Puga v. WCAB (Zacky Farms) CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT^*

            ORIGINAL PROCEEDINGS; petition for writ of review from a decision of the Workers' Compensation Appeals Board.  Ronnie G. Caplane, Merle C. Rabine, and Joseph M. Miller, Commissioners.  J.A. Eckl, Workers' Compensation Administrative Law Judge.

            Cole, Fisher, Bosquez-Flores & Cole, and Linda Flores Bosquez-Flores, for Petitioner.

            No appearance by Respondent Workers' Compensation Appeals Board.

Vileisis, Brush & Goldflam, and Mason H. Brush, for Respondent Zacky Farms.

-ooOoo-

            Maria Arroyo Puga petitions for a writ of review to inquire into and determine the lawfulness of a decision of the Workers' Compensation Appeals Board (WCAB).  (Lab. Code,^[1] §  5950; Cal. Rules of Court, rule 8.494.)  Puga contends the WCAB erred by not finding her claim for psychological injury compensable where she had not worked for the employer for at least six months (§  3208.3, subd. (d)) and that the WCAB failed to state the evidence relied on in determining her level of disability (§  5908.5).  We will deny the petition.

BACKGROUND

            Puga worked for Zacky Farms in Fresno for approximately two months in the early summer of 1999.  During Puga's first month of employment, she drove a tractor; during her second month, she installed and repaired ceiling fans in the chicken house, climbing up and down a ladder several times a day.  On June 22, 1999, Puga fell about seven feet off her ladder and was airlifted to the University Medical Center where she received five days of treatment. 

            Zacky Farms admitted Puga sustained an injury arising out of and in the course of employment to her neck and thoracic spine, but denied responsibility for further injury to her psyche, vision, and chest.  Puga underwent agreed medical examinations with Dr. Charles Potter in orthopedics, Dr. Anthony C. Arnold in ophthalmology, and Dr. James Wells in psychiatry.  Dr. Wells diagnosed Puga with a conversion disorder causing partial blindness, regression, and dependence rendering her â€