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

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. ADJ8745178
Regular
Jan 23, 2014

KHIN LAY vs. SWEDA COMPANY LLC, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied Khin Lay's petition for reconsideration. The Board adopted the findings of the Administrative Law Judge (WCJ), emphasizing the significant weight given to the WCJ's credibility determination. The applicant, Khin Lay, sought reconsideration after his claim was denied, likely based on findings that he was the initial aggressor in a workplace altercation. The WCJ's report, which the Board incorporated, detailed conflicting testimony regarding the altercation but ultimately found the applicant's actions met the standard for the initial aggressor defense, leading to the denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeInitial Aggressor DefenseCredibility FindingPhysical AltercationEyewitness TestimonyCourse and Scope of EmploymentAggressivenessReasonable Man Standard
References
Case No. POM 288066
Regular
Nov 25, 2007

SCOTT M. M. RATHKE vs. LLOYD ELECTRIC, REDLAND INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

This case involves a workers' compensation claim for injuries sustained during an altercation with a co-worker. The applicant alleged the co-worker initiated the physical assault, while the defendants argued the applicant was the initial aggressor and therefore ineligible for benefits. The Administrative Law Judge found the defense witness more credible and denied the applicant's claim, a decision upheld by the Workers' Compensation Appeals Board.

Initial aggressorAltercationCredibility findingWCABLabor Code section 3600(e)(7)Petition for ReconsiderationWorkers' compensationAOE/COEDefense witnessApplicant testimony
References
Case No. ADJ7118771
Regular
Mar 13, 2012

CHARLES THOMAS vs. LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY

This case involves a bus driver injured during an altercation with a passenger. The Appeals Board reversed the initial ruling, finding the injury compensable because the applicant was not the initial physical aggressor. While the applicant's actions were unauthorized, they occurred in the course of employment as they stemmed from his duties dealing with the passenger. The Board also found sufficient evidence of injury beyond the applicant's testimony. The case is returned for further proceedings on all remaining issues.

Workers' Compensation Appeals Boardindustrial injurybus driveraltercationinitial physical aggressorLabor Code section 3600(a)(7)course of employmentunauthorized conductCode of Conductcitizen's arrest
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. 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. 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
Case No. ADJ9781533
Regular
Aug 02, 2017

Rodolfo Boate vs. Truegreen Landcare, Zurich American Insurance Company

This case involves Rodolfo Boate's workers' compensation claim against Truegreen Landcare and Zurich American Insurance Company for injuries sustained during an altercation with a coworker. The defendant argued the claim was barred because Boate was the initial aggressor, citing his physical advance towards the coworker. However, the Workers' Compensation Appeals Board (WCAB) denied reconsideration of the Administrative Law Judge's (WCJ) finding that Boate's actions were in reasonable fear of bodily harm due to the coworker's prior severe threats and aggressive behavior. The WCAB adopted the WCJ's credibility determinations, finding no substantial evidence to reject them. Therefore, Boate's injury was deemed industrial.

Workers' Compensation Appeals BoardRODOLFO BOATETRUGREEN LANDCAREZURICH AMERICAN INSURANCE COMPANYADJ9781533Petition for ReconsiderationDeniedWCJCredibility determinationsGarza v. Workmen's Comp. Appeals Bd.
References
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