A “Violent Act” Is Not Limited to Criminal or Quasi-Criminal Activity

Larsen v. Securitas Services 2016 Cal.Wrk.Comp. PD Lexis – (Appeals Board Noteworthy Panel Decision): The WCJ found that Applicant’s psychological permanent disability resulted from a “violent act” in accordance with Labor Code §4660.1(c)(1) and was compensable. Applicant was employed as a security guard and suffered orthopedic and psyche injuries as a result of being hit by a car. The psychiatric PQME found the psyche was predominantly due to her work injury, the event was sudden and she has fragmented memories of being hit and falling to the ground. At one point she thought she would die, she experienced nightmares, increased startle response, insomnia, anxiety, fear of parking lots and of moving cars, and developed a cognitive disorder and depression. Defendant contended being hit by a car is not a “violent act” which must include an act of criminal or quasi-criminal violence that is perpetrated against applicant. The WCAB concluded that for purposes of section 3208.3, a “violent act” is not limited to criminal or quasi-criminal activity, and may include other acts that are characterized by either strong physical force, extreme or intense force, or are vehemently or passionately threatening.