What the panel ordered
WCAB granted defendant's petition for reconsideration, amended WCJ's findings to conform to Labor Code section 3600 compensability standard, deferred all other issues, and otherwise affirmed the WCJ's decision.
Defendant sought reconsideration of the WCJ's December 11, 2023 Findings of Fact regarding injury compensability; WCAB granted reconsideration to amend findings to conform to compensability standard and deferred all other issues.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB found that the applicant sustained injury arising out of and in the course of employment despite conflicting testimony and credibility issues, as the injury occurred while performing job duties with a pallet jack, and defendant failed to prove the injury was due to horseplay or outside employment scope.
From the decision · page 1Defendant seeks reconsideration of the Findings of Fact issued by a workers' compensation administrative law judge (WCJ) on December 11, 2023 (decision), wherein the WCJ found that, on October 19, 2021, applicant "sustained injury to his right ankle while performing his job duties, and was not acting outside the scope of his job duties."