What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by defendant and denied by the Appeals Board after review of the WCJ report and hearing transcript.
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/COEApplicant prevailedright knee · right leg · right lower leg
The applicant was found credible and the injury was found to have arisen out of and in the course of employment because the applicant was on call and stood up to answer a work-related phone call when the injury occurred, satisfying the contributory cause test for compensability.
From the decision · page 4The primary issue in this trial was AOE/COE. Applicant was employed by the defendant as a stationary engineer on the date of the claimed injury. Applicant claims he sustained injury AOE/COE to his right knee, right leg, and right lower leg, and admits he was at home when the injury occurred. Defendant contends applicant was not working at the time of injury. There were two days of trial: May 21, 2024, and August 19, 2024. On the first day of trial, I granted applicant's request for leave to conduct further discovery after his cross-examination of the employer witness.