Case Law Database

DIDIER PARIENTE vs. NOBU MALIBU, ADVANTAGE WORKERS' COMPENSATION INSURANCE, PINNACLE RISK MANAGEMENT

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the finding of an industrial injury to the applicant, Didier Pariente. The Board adopted the administrative law judge's report and reasoning, emphasizing that the injury must *arise out of and occur in the course of employment*, rather than simply being sustained "in the course and scope of employment." The Board also directed parties and the judge to use the correct legal terminology moving forward. Therefore, the applicant's industrial injury claim stands as affirmed.