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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7177544
Regular
Aug 12, 2013

ADRIAN IBANEZ vs. GOLDEN DEN CORPORATION/DENNY'S; USF & G

This case involves an applicant claiming industrial injury from an assault that occurred on May 20, 2008. The initial finding determined the assault did not arise out of employment, but the Appeals Board has overturned this. The Board found the applicant was in the course of employment during a break, even if off-premises, and that the assault, having an unknown motive, arose out of employment. The matter is now remanded for further proceedings on all outstanding issues.

Workers Compensation Appeals BoardGolden Den CorporationDenny'sAdrian IbanezPetition for Reconsiderationindustrial injuryassaultarose out of employmentin the course of employmentpersonal comfort doctrine
References
Case No. ADJ9942537
Regular
Dec 09, 2018

ANGELO RIOS vs. RUSHER AIR CONDITIONING, INSURANCE CO OF THE WEST SAN DIEGO

This case involves an applicant seeking workers' compensation benefits for an injury sustained during his unpaid lunch break. The Workers' Compensation Appeals Board granted reconsideration, reversing the prior decision that denied the claim. The Board found that the applicant's injury did not fall under the "going and coming" rule due to evidence that he was performing work-related tasks during his break, including taking work calls and researching for a bid. Furthermore, the Board determined the injury likely occurred after the unpaid lunch period concluded, extending into a paid break.

Going and coming ruledual purpose exceptioncourse of employmentscope of employmentAOE/COEpersonal comfort doctrinepaid breaksunpaid lunch breakassaultthird-party assault
References
Case No. ADJ8266808
Regular
Sep 12, 2014

LILIANA RUIZ vs. MCDONALD'S, INC.; CYPRESS INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves Liliana Ruiz's claim of sexual assault at McDonald's on August 15, 2006. The defendant, McDonald's and its insurer, sought reconsideration of the finding that the assault was industrial, arguing the applicant's credibility was unreliable. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The judge found the applicant's testimony credible, supported by the owner's belief and the employer's inconsistent actions regarding reporting the incident. Defendant's arguments concerning the applicant's termination and other personal matters were found not to rebut the assault allegation.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilitySexual AssaultIndustrial InjuryPsychiatric InjuryOrthopedic InjuryInternal InjuryManager
References
Case No. ADJ6821372
Regular
Apr 23, 2010

RUBEN CUBIAS vs. AMERICAN COMMERCIAL SECURITY SERVICES (ABM INDUSTRIES, INCORPORATED), PSI, Administered By ACE/ESIS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award granted to Ruben Cubias. The Board adopted the Administrative Law Judge's report, which found the applicant was not the initial physical aggressor in an assault by a co-worker. The defendant's petition was also defective for failing to serve all lien claimants as required by WCAB rules. The Board affirmed the applicant's entitlement to benefits based on the evidence and the judge's credibility findings.

workers compensationpetition for reconsiderationadministrative law judgeinitial physical aggressorassaultco-workersecurity guardlien claimantsservice defectcredibility finding
References
Case No. SBR 0273372; SBR 0273378 SBR 0273380; SBR 0278671
Regular
Aug 10, 2007

SHARON CANDLER vs. THE CUSTOMER COMPANY / CIGARETTES CHEAPER, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANIES, BROADSPIRE

The Board rescinded findings for two psychiatric injuries due to the applicant's short employment duration, finding them not "sudden and extraordinary." The claim stemming from a robbery and assault was remanded for further proceedings on temporary disability and medical treatment, with orthopedic injuries also deferred pending this development. The Board also ruled that CIGA cannot be ordered to pay temporary disability benefits that the applicant must then reimburse to EDD, as this circumvents statutory limitations on CIGA's liability to the state.

Labor Code section 3208.3(d)sudden and extraordinary employment conditionpsychiatric injuryconvenience store clerkrobberyassaultterminationCIGASuperior National Insurance Companyliquidation
References
Case No. ADJ3237915 (LBO 0375567) ADJ2373677 (LBO 0388992)
Regular
Apr 30, 2009

SHERYL WILLIS vs. PINKERTON GOVERNMENT SERVICES, Permissibly Self-Insured, BROADSPIRE (Adjusting Agent)

This case involves applicant Sheryl Willis's appeal regarding two worker's compensation claims. The Appeals Board affirmed the finding of a 1% permanent disability for a left knee injury. However, they rescinded the finding of no permanent disability for a psyche injury stemming from a 2005 assault. The Board remanded the psyche injury claim for further proceedings to develop the record on psychiatric permanent disability and apportionment, citing issues with the applicant's medical history disclosure. The applicant's credibility regarding past psychiatric treatment was a key factor in the decision.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryPsychePermanent DisabilityApportionmentMedical TreatmentUnarmed Security GuardAssaultLeft Knee Injury
References
Case No. ADJ1081773
Regular
Dec 27, 2010

LORI GLEASON vs. R.G. III, INCORPORATED, APPLIED RISK SERVICES

This case involves a workers' compensation claim for an alleged industrial injury to the applicant's back, chest, arms, neck, and headaches resulting from an assault by her husband/employer on June 13, 2005. The administrative law judge found no industrial injury, and the applicant sought reconsideration. Medical evaluations, particularly by Dr. Byrne, concluded that the applicant's current disability and need for treatment stemmed from a prior 2001 motor vehicle accident and pre-existing conditions, not the 2005 incident. Ultimately, the Appeals Board denied reconsideration, agreeing that the applicant failed to prove the 2005 incident caused disability or the need for medical treatment.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryBack InjuryChest InjuryArm InjuryNeck InjuryHeadachesOffice ManagerAssault
References
Case No. ADJ11407589
Regular
Jun 25, 2019

RICARDO PENA vs. 99 CENTS ONLY STORES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming that the applicant's assault in the employer's unlit parking lot arose out of and occurred in the course of employment. The Board found the assault was random and not personal, thus not barring compensation. The applicant was injured shortly after clocking out, and the employer's premises, including the dark parking lot, created a zone of risk. The Board deferred to the judge's credibility determination regarding the applicant's testimony.

Workers' Compensation Appeals BoardRicardo Pena99 Cents Only StoresBroadspire ServicesADJ11407589Petition for ReconsiderationFindings of FactWCJInjury arising out of and in the course of employmentEmployer's parking lot
References
Case No. ADJ7505154
Regular
Nov 18, 2011

LATONYA SIMS vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

The Workers' Compensation Appeals Board granted reconsideration to rescind an earlier finding that applicant LaTonya Sims sustained an injury arising out of and in the course of employment. The Board determined that the robbery and assault were not sufficiently connected to her employment as a bus operator. Citing case law, the Board concluded that personal assaults, such as this robbery for the applicant's purse and cash, do not arise out of employment when the employment merely provides a stage for the event and the assailant's motive is purely personal. Therefore, the applicant's claim was denied.

Workers' Compensation Appeals BoardLatonya SimsLos Angeles County Metropolitan Transportation Authoritybus operatorinjury arising out of employmentinjury in course of employmentpersonally motivated robberygoing and coming rulethird-party assaultbunkhouse rule
References
Case No. ADJ16236352
Regular
Apr 08, 2025

RAHMATOLAH YAGHOUBI vs. CALTRANS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding the death of Rahmatolah Yaghoubi. The case centered on whether Yaghoubi's fatal injury, sustained during an assault on a public sidewalk on a paid holiday, arose out of and in the course of his employment with CalTrans. The Board affirmed the Workers' Compensation Judge's finding that Yaghoubi, a civil engineer known for working extended and flexible hours from home, was considered to be in the course of employment under the personal comfort doctrine. Furthermore, the assault was classified as a neutral risk, making the injury compensable.

Workers' Compensation Appeals BoardCALTRANSPetition for ReconsiderationLabor CodeAdjudication NumberOpinion and OrderAdministrative Law JudgeReport and RecommendationArising Out of EmploymentCourse of Employment
References
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