ADJ16236352 — California WCAB decision

What the panel ordered

Petition for Reconsideration denied

Petition for Reconsideration filed and denied by the Workers' Compensation Appeals Board panel

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 prevaileddeath

The panel found the injury arose out of and in the course of employment based on circumstantial evidence including the applicant's work habits, testimony of family and supervisor, and the personal comfort doctrine, and gave great weight to the WCJ's credibility findings.

From the decision · page 2II. Section 3600(a) provides for liability for injuries sustained "arising out of and in the course of the employment." An employer is liable for workers' compensation benefits "without regard to negligence." (Lab. Code, § 3600(a).) The course of employment ordinarily refers to the time, place, and circumstances under which the injury occurs. (Latourette v. Workers' Comp. Appeals Bd. (1998) 17 Cal.4th 644, 651 [63 Cal.Comp.Cases 253].) Arising out of employment means that it must occur as a reason of a condition or incident of the employment; the employment and the injury must be linked in some causal fashion. (Id.) An employee bears the burden of proving the injury arose out of and in the course of the employment (AOE/COE) by a preponderance of the evidence. (South Coast Framing, Inc. v. Workers' Comp. Appeals Bd. (Clark) (2015) 61 Cal.4th

What proof carried it

The evidence the panel weighed, by kind.

Testimony and credibilityfavours Defendant prevailed

Credibility determinations of the WCJ given great weight due to opportunity to observe witness demeanor

From the decision · page 3Additionally, we have given the WCJ's credibility determination(s) great weight because the WCJ had the opportunity to observe the demeanor of the witness(es). (Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312, 318-319 [35 Cal.Comp.Cases 500].) Furthermore, we conclude there is no evidence of considerable substantiality that would warrant rejecting the WCJ's credibility determination(s). (Id.) Therefore, we will not disturb the WCJ's finding that the injury was AOE/COE.

Documentary evidencefavours Defendant prevailed

Circumstantial evidence including applicant's work habits, testimony of family and supervisor, and surveillance video

From the decision · page 11The undersigned relied on an accumulation of circumstantial evidence to find that the applicant was working on May 31, 2021 to wit: 1) the applicant declined attending a Memorial Day gathering to work on a project; 2) the applicant called his co-worker Mitch the morning of Memorial Day7; 3) the applicant had a notepad with an entry on the day he was attacked regarding CalTran's Diversity statement; 4) the applicant's personal computer8 was on and on the screen was a CalTrans Laguna Water Project; 5) the applicant's supervisor initially believed he was working on Memorial Day based on his custom and practice; 6) the applicant's employer offered a flexible work schedule; 7) CalTrans' inability to explain what conversations or evidence was presented to change its position. In light of all this circumstantial evidence and the mandate pursuant to Labor Code § 3202.2 to construe the provisions of the Workers' Compensation Act liberally for the purpose of extending benefits to injured workers, the undersigned found the applicant was in the course of his employment. Further, any reasonable doubts as to whether an injury is compensable are to be resolved in favor of the employee. See e.g., Truck Ins. Exch. v. Industrial Acc. Com, 27 Cal.2d 813, 816; Lumbermen's Mut. Cas. Co. v. Industrial Acc. Com., 29 Cal.2d 492,496; Industrial Indem. Exch. v. Industrial Acc. Com., 26 Cal.2d 130,137.

ADJ16236352 · April 8, 2025

What the panel ordered

What was disputed, and how it came out

Your case already resembles someone else’s. Find whose.

The facts that decided it

The rules the panel named

What proof carried it

About this page