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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. 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. 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. 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. 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
Case No. ADJ8361146
Regular
May 09, 2013

JULIAN YAC vs. NIETOS BROTHER ORPORATION, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration in the case of Julian Yac. The Board adopted the WCJ's report, which found the applicant was the initial physical aggressor in an altercation with a customer, barring his claim. This determination was based on witness credibility and evidence of the applicant's confrontational actions, despite not causing immediate physical harm. The WCJ's credibility findings were given great weight, as per established case law.

Workers' Compensation Appeals BoardReconsideration deniedInitial physical aggressorLabor Code Section 3600(a)(7)Credibility findingGarza v. Workers' Comp. Appeals Bd.AltercationExcessive forceThreat of bodily harmCriener v. WCAB
References
Case No. ADJ4513629 (SAL 0120784)
Regular
Feb 18, 2010

RICHARD GALINDO vs. MV TRANSPORTATION, INC.; BROADSPIRE, a CRAWFORD COMPANY

This case concerns a bus driver who sustained a back injury after an altercation with a passenger. The employer denied the claim, asserting the employee was the initial physical aggressor, which would bar compensation. The Board reviewed videotape evidence and affirmed the WCJ's finding that the passenger's spitting and verbal threats constituted the initial physical aggression. Therefore, the employer failed to establish the exclusion under Labor Code section 3600(a)(7), and the injury is compensable.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONINDUSTRIAL INJURYBUS DRIVERCOMPENSABILITYINITIAL PHYSICAL AGGRESSORLABOR CODE SECTION 3600(a)(7)ALTERCATIONVIDEOTAPE EVIDENCETHREAT OF BODILY HARM
References
Case No. ADJ1132942 (LAO 0875472)
Regular
Aug 20, 2009

James Lewis vs. COMPTON UNIFIED SCHOOL DISTRICT, HAZELRIGG RISK MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied James Lewis's petition for reconsideration of its prior decision that his injury arose from an altercation where he was the initial physical aggressor. The Board found applicant initiated a confrontation with a co-worker over a parking space, culminating in physical contact with the co-worker while attempting to move a truck. Applicant's arguments regarding evidence review and the Board exceeding its powers were rejected, as the Board can independently reweigh evidence and found applicant's conduct barred his claim under Labor Code section 3600(a)(7).

Initial physical aggressorLabor Code section 3600(a)(7)Petition for reconsiderationWorkers' Compensation Appeals BoardOpinion and OrderGranting ReconsiderationDecision After ReconsiderationFindings of FactAdministrative law judgeReconsideration of evidence
References
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