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

Case No. ADJ13261327
Regular
Sep 19, 2025

KEVIN SARIAN vs. CITY OF GLENDALE, ADMINSURE

Applicant Kevin Sarian, a senior library supervisor for the City of Glendale, sustained injuries after slipping and falling while returning from an off-premises meal break during which he discussed personnel issues with a co-worker. The Workers' Compensation Administrative Law Judge (WCJ) initially found the injury arose out of and occurred in the course of employment (AOE/COE). The defendant, City of Glendale, petitioned for reconsideration, arguing the applicant was not providing a benefit to his employer at the time of injury. The Appeals Board granted the petition for reconsideration, finding the discussions constituted a benefit to the employer and that the injury was AOE/COE, and thus affirmed the WCJ's Findings of Fact and Orders with an amendment to Finding 2.

AOE/COELabor Code section 3600(a)(2)Petition for ReconsiderationDecision After ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportSalaried EmployeePersonnel IssuesLibrary SupervisorMeal Break
References
Case No. AD.J10107792
Regular
Oct 03, 2016

CANDICE ANDERSON vs. DEPARTMENT OF CORRECTIONS & REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that an applicant injured her back during a paid meal break while selling burritos on employer premises. The Board found this activity was within the course of employment under the "personal comfort" doctrine, distinguishing it from off-duty recreational activities. Defendant's due process and temporary disability contentions were rejected, as the employer remains liable for all temporary disability caused in part by an industrial injury, regardless of non-industrial conditions. Therefore, the original award of temporary disability benefits was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryCourse of EmploymentPaid Meal BreakVoluntary Off-Duty ActivityPersonal Comfort DoctrineLabor Code Section 3600Labor Code Section 3600(a)(9)Due Process
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
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. SFO 0499272
Regular
Jul 07, 2008

Helen Miller vs. Green Gulch Farm and Zen Center, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that Helen Miller was an employee of Green Gulch Farm and Zen Center and sustained an industrial injury to her left ankle. The Board found Miller was not a volunteer due to the extensive benefits received and the employer's control, and her jogging injury during a lunch break was a reasonable expectancy of employment, not barred by Labor Code section 3600(a)(9). Therefore, her injury arose out of and occurred in the course of her employment.

Workers' Compensation Appeals BoardHelen MillerGreen Gulch Farm and Zen CenterEverest National InsuranceGallagher BassettSFO 0499272Opinion and Decision After ReconsiderationLabor Code Section 3351Labor Code Section 3352(i)Employee definition
References
Case No. ADJ11076937
Regular
Apr 07, 2018

MELISSA MAZZIE vs. TORRANCE UNIFIED SCHOOL DISTRICT

The Appeals Board granted reconsideration, reversing the finding that the applicant was not entitled to temporary disability (TD) benefits at the stipulated rate of $1,172.57 per week. The Board found that the applicant, a salaried teacher, continued to receive her regular wages during winter and spring breaks. Therefore, her TD rate should not have been reduced, as the purpose of TD is to substitute for lost wages.

Temporary DisabilityWage LossAverage Weekly EarningsLabor Code Section 4453(c)(3)Winter BreakSpring BreakSalary DistributionSeasonal WorkerPaid Work DaysPetition for Reconsideration
References
Case No. ADJ10864843
Regular
Nov 15, 2018

YOLANDA PLASCENCIA vs. HYUNDAI CAPITAL AMERICA, SOMPO AMERICA INSURANCE COMPANY

This case involves an applicant who sustained injuries after falling into a pothole on her employer's premises during a break. The applicant was in the process of switching vehicles with her daughter when the incident occurred. The defendant argued the injury was not AOE/COE, as the personal vehicle exchange served no employer benefit and the personal comfort doctrine did not apply. The Board denied reconsideration, adopting the WCJ's report which found the injury compensable under the personal comfort doctrine. The Board reasoned that it's reasonably contemplated for employees to access the employer's parking lot during breaks, and moving a personal car is a personal convenience incidental to employment.

AOE/COEPersonal Comfort DoctrineIndustrial InjuryCourse of EmploymentWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactWCJEmployer's PremisesPaid Break
References
Case No. ADJ7332384
Regular
Jul 19, 2011

DEBORAH CULP vs. UNITED HEALTH GROUP, U.S. FIDELITY & GUARANTY INSURANCE, Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied reconsideration of the applicant's claim. The applicant argued her injury during an extended break en route to a PTA meeting was compensable. The Board adopted the judge's report, which found the injury did not arise out of and occur in the course of employment. This conclusion was based on stipulated facts indicating the accident occurred during more than a lunch break, for a personal errand unrelated to employment.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedStipulated FactsAOE/COEGoing and Coming RulePersonal Comfort DoctrineCompensable InjuryNon-compensable InjuryPaid Lunch Break
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ8550333
Regular
May 15, 2015

STEPHEN MARTIN BLOXHAM vs. LITHIA FORD MAZDA SUZUKI, HARTFORD ACCIDENT & INDEMNITY, ESIS

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board affirmed the finding that a car salesman's injuries from a car accident while purchasing cigarettes on a paid, employer-authorized break arose out of and occurred in the course of employment. This falls under the personal comfort doctrine, an exception to the going and coming rule, and the employer's encouragement of "prospecting" at the store further supported coverage. The Board rejected the defendant's argument that smoking's health detriments should disqualify it from the personal comfort doctrine.

Petition for ReconsiderationFindings of FactOrderOpinion on DecisionAOE/COEgoing and coming rulepersonal comfort doctrinepaid breakemployer's permissionprospecting
References
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