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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