Home/Case Law/HONG GUANG ZHU, Deceased HE RUI YUN, Spouse vs. TRI VILLAGE CHINESE RESTAURANT, FARMERS INSURANCE GROUP
Regular DecisionRegular Panel Decision

HONG GUANG ZHU, Deceased HE RUI YUN, Spouse vs. TRI VILLAGE CHINESE RESTAURANT, FARMERS INSURANCE GROUP

Filed: Nov 20, 2013
Anaheim
ADJ6671912

CompFox AI Summary

The Workers' Compensation Appeals Board affirmed a prior finding that the decedent chef's death arose out of and occurred in the course of employment. The decedent was shot and killed while resting in his car during a split shift, a common and permitted practice. The Board found this constituted a neutral risk, as no personal motive for the murder was identified, thus satisfying the "personal comfort doctrine." Therefore, the death was deemed compensable as it was linked to his employment by time, place, and circumstance.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board affirmed a prior finding that the decedent chef's death arose out of and occurred in the course of employment. The decedent was shot and killed while resting in his car during a split shift, a common and permitted practice. The Board found this constituted a neutral risk, as no personal motive for the murder was identified, thus satisfying the "personal comfort doctrine." Therefore, the death was deemed compensable as it was linked to his employment by time, place, and circumstance.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.