CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that an applicant injured her back during a paid meal break while selling burritos on employer premises. The Board found this activity was within the course of employment under the "personal comfort" doctrine, distinguishing it from off-duty recreational activities. Defendant's due process and temporary disability contentions were rejected, as the employer remains liable for all temporary disability caused in part by an industrial injury, regardless of non-industrial conditions. Therefore, the original award of temporary disability benefits was affirmed.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that an applicant injured her back during a paid meal break while selling burritos on employer premises. The Board found this activity was within the course of employment under the "personal comfort" doctrine, distinguishing it from off-duty recreational activities. Defendant's due process and temporary disability contentions were rejected, as the employer remains liable for all temporary disability caused in part by an industrial injury, regardless of non-industrial conditions. Therefore, the original award of temporary disability benefits was affirmed.
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