Robbery at a bank case where an employee alleges a psychiatric injury has 37% related to the industrial injury and 63% related to other problems. Is the case compensable?

• A. Yes
• B. No
• C. Not determinable
• D. Depends on age

Answer: (A)

Apportionment between industrial and non-industrial factors determines how much of a mixed injury is compensable. In California workers’ comp, if an injury has both work-related and non-work-related contributors, the disability is divided so that only the portion caused by the industrial factor is compensable.

A psychiatric injury arising from a specific work incident, like a bank robbery, qualifies as an industrial injury. Even if other non-work factors contribute to the person’s overall condition, you still award compensation for the portion of impairment caused by the work incident, with the rest attributed to non-industrial factors handled separately or not compensated as part of the industrial claim.

In this scenario, 37% of the disability is linked to the industrial incident, and 63% to other problems. That means the industrial portion is compensable, while the non-industrial portion is not under the workers’ compensation award for the work-related injury. The answer reflects that the case is compensable to the extent of the industrial factor.