What the panel ordered
Petition for reconsideration denied; compensation barred due to applicant being initial physical aggressor in altercation.
Petition for reconsideration of the December 4, 2024 Findings of Fact and Order denying compensation was filed and considered by the Appeals Board, which issued a decision on May 2, 2025.
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.
AOE/COEDefendant prevailedneck · right arm · both hands · right shoulder · knee · psyche
The WCJ found that applicant was the initial physical aggressor by physically touching and moving the camera, which a reasonable person would perceive as a real and present threat of bodily harm, barring compensation under Labor Code section 3600(a)(7).
From the decision · page 3On December 4, 2024, the WCJ issued the F&O, determining in relevant part that applicant was the initial physical aggressor, barring compensation. (Finding of Fact No. 1.) The WCJ observed that the testimonial and video evidence supported the conclusion that applicant was the first to physically touch the other party to the altercation, and that a reasonable person would perceive that contact to be a real and present threat of bodily harm. (Opinion on Decision, at p. 2.)