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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ7806856
Regular
Aug 01, 2013

MICHAEL WEINBERG vs. SUTTON AGRICULTURAL ENTERPRISES, INSURANCE COMPANY OF THE WEST PLEASANTON

This case involved an employee's claim for a psyche industrial injury. The defendant sought reconsideration of a prior ruling that denied the "initial physical aggressor" defense, arguing the applicant was the aggressor. The Workers' Compensation Appeals Board denied reconsideration, agreeing that the applicant was not the initial physical aggressor because the co-worker physically pushed him first. The Board affirmed that the applicant's claim was not barred by Labor Code section 3600(a)(7), deferring other issues.

Initial physical aggressor defenseLabor Code section 3208.3Verga v. Workers' Comp. Appeals Bd.AOE/COEweldersaltercationsphysical conductreasonable fear of bodily harmanimosityhostile words
References
Case No. ADJ10762593
Regular
Feb 06, 2023

NICHOLAS KOBE vs. CITY OF LOS ANGELES, AIMS

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration, upholding the finding that firefighter Nicholas Kobe's TMJ/myofascial pain injury was compensable. The Board adopted the judge's report, which determined that the applicant was not the initial physical aggressor in an altercation with a fellow firefighter, as the initial physical contact was initiated by the other firefighter. Therefore, Labor Code §3600(a)(7) did not bar the claim, and the applicant was awarded temporary and permanent disability benefits. The defense exclusively argued the initial physical aggressor defense, which the Board found inapplicable based on the facts.

Initial physical aggressor defenseLabor Code §3600(a)(7)TMJ/myofascial painPanel Qualified Medical EvaluatorNina Nattiv DDSfirefighter injurytemporary disabilitypermanent disabilitywage calculationattorney fees
References
Case No. ADJ9653109
Regular
Sep 06, 2016

William Morales vs. Bonsal American Oldcastle, Inc., Liberty Mutual Insurance Company

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought review of a decision that denied his injury claim because he was the initial physical aggressor in a workplace altercation. The Board deferred to the administrative law judge's credibility findings, which found the applicant less credible than defense witnesses and a video recording that was inconclusive. Therefore, the Board affirmed the original finding that the applicant was the initial physical aggressor and is barred from compensation.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderInitial Physical AggressorLabor Code Section 3600(a)(7)Credibility DeterminationsVideo FootageOccupational InjuryMachine OperatorPhysical Altercation
References
Case No. ADJ10903154
Regular
Apr 01, 2020

JEHUDA KNOBLER vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a teacher claiming workers' compensation for PTSD after a student altercation. The Board overturned the initial finding, now recognizing the PTSD as arising out of and occurring in the course of employment. However, they affirmed the finding that the applicant was the initial physical aggressor under Labor Code section 3600(a)(7). This disqualifies him from receiving compensation benefits due to his role in initiating the physical confrontation.

AOE/COEinitial physical aggressorLabor Code section 3600(a)(7)posttraumatic stress disorderphysical altercationPQME reportstudent altercationwitness statementsadministrative leavetrier of fact
References
Case No. ADJ15544152
Regular
May 02, 2025

TALIBAH COFFEE vs. COUNTY OF LOS ANGELES, SEDGWICK

Applicant, Talibah Coffee, sought reconsideration of a finding that her claimed industrial injury was non-compensable due to her being the initial physical aggressor in an altercation. The Workers' Compensation Appeals Board reviewed the applicant's petition, the defendant's answer, and the WCJ's report. The Board concurred with the WCJ's analysis, which found that the applicant's act of physically touching and moving a cameraman's equipment constituted the initial physical aggression, thereby barring compensation under Labor Code section 3600(a)(7). Consequently, the Petition for Reconsideration was denied.

Initial physical aggressorLabor Code section 3600(a)(7)Deputy Probation Officer IIaltercationphysical conductreal and present threat of bodily harmPetition for ReconsiderationWCJReport and Recommendationinjury AOE/COE
References
Case No. ADJ8633613
Regular
Apr 01, 2014

BYRON MATTAS vs. SHOKER TRADING CORPORATION dba TRIPLE S. CHEVRON, HANOVER INSURANCE COMPANY

This case concerns a workers' compensation claim where the applicant sustained injuries during an altercation with a customer. The defendant argued the claim was barred by specific Labor Code sections, including being the initial physical aggressor. The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal and denied reconsideration, upholding the judge's finding that the applicant was not the initial aggressor, based largely on surveillance video. A dissenting commissioner argued that the applicant was indeed the initial physical aggressor by throwing soup, thus barring the claim.

Workers Compensation Appeals BoardByron MattasShoker Trading CorporationTriple S. ChevronHanover Insurance CompanyADJ8633613Findings and Orderindustrial injuryheadneck
References
Case No. ADJ6575461
Regular
Jun 21, 2012

TORI VARGAS vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, STATE COMPENSATION INSURANCE FUND

This case involves a registered nurse, Tori Vargas, who claimed industrial injury to her psyche and right upper extremity from a physical altercation with a co-employee. The Workers' Compensation Appeals Board denied Vargas's Petition for Reconsideration of the administrative law judge's decision. The judge found Vargas was the initial physical aggressor, barring her claim under Labor Code section 3600(a)(7). The Board affirmed the judge's credibility findings, which were based on extensive testimony and detailed analysis, finding no substantial contrary evidence or legal error presented by Vargas.

Workers' Compensation Appeals BoardInitial physical aggressorLabor Code section 3600(a)(7)ReconsiderationFindings and OrderWCJ credibility assessmentPhysical altercationIndustrial injuryPsyche injuryUpper extremity injury
References
Case No. ADJ9567245
Regular
Apr 01, 2016

JASON SUMMERS vs. SANTA CLARA COUNTY VALLEY TRANSPORTATION AUTHORITY, TRISTAR RISK MANAGEMENT

This case concerns a petition for reconsideration by Santa Clara County Valley Transportation Authority regarding a psychological injury claim sustained by applicant Jason Summers. The petitioner argued the applicant was the initial physical aggressor, barring his claim under Labor Code section 3600(a)(7). The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's finding that the petitioner failed to meet its burden of proof. The WCJ's credibility determination, favoring a neutral witness over conflicting applicant and co-worker testimony, was central to this decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and AwardPsyche injuryTemporary disabilityInitial physical aggressorLabor Code section 3600(a)(7)Burden of proofWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.
References
Case No. ADJ1132942
Regular
Jun 04, 2009

James Lewis vs. Compton Unified School District, Hazelrigg Risk Management Services

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior finding that James Lewis was not the initial physical aggressor in an altercation. The Board found that Lewis's actions, including throwing tools at a co-worker and attempting to move the co-worker's truck, initiated the physical confrontation. Consequently, Lewis's claim for injury benefits is barred under Labor Code section 3600(a)(7).

Workers' Compensation Appeals BoardInitial Physical AggressorLabor Code section 3600(a)(7)AltercationFindings of FactReconsiderationOpinion and OrderAffirmative DefensesEmploymentInjury
References
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