Home/Case Law/EMILIANO BURCIAGA (DECEASED), Jose Burciaga, Joanna Burciaga, Amber Cabral vs. STAFFING NETWORK, AMERICAN INSURANCE, ESIS, Anserteam, LLC dba Staffing Network
Regular DecisionReconsideration

EMILIANO BURCIAGA (DECEASED), Jose Burciaga, Joanna Burciaga, Amber Cabral vs. STAFFING NETWORK, AMERICAN INSURANCE, ESIS, Anserteam, LLC dba Staffing Network

Filed: Dec 10, 2018
Van Nuys
ADJ10329858

CompFox AI Summary

The Workers' Compensation Appeals Board affirmed a finding that the decedent's death was not an industrial injury, thus denying compensation to the applicants. The Board ruled that the presumption of compensability did not apply as the employer timely denied the claim and that the death occurred during an unpaid, off-premises lunch break, not arising out of or in the course of employment. The Board also dismissed one applicant's reconsideration petition as untimely due to late electronic filing. Criminal trial transcripts were deemed admissible and corroborated the finding that the death stemmed from personal motives.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board affirmed a finding that the decedent's death was not an industrial injury, thus denying compensation to the applicants. The Board ruled that the presumption of compensability did not apply as the employer timely denied the claim and that the death occurred during an unpaid, off-premises lunch break, not arising out of or in the course of employment. The Board also dismissed one applicant's reconsideration petition as untimely due to late electronic filing. Criminal trial transcripts were deemed admissible and corroborated the finding that the death stemmed from personal motives.

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