Applicant was attacked by Roberto at the church while performing her housekeeping duties.
Favours Applicant prevailed
This established the injury occurred in the course of employment, supporting compensability.
From the decision · page 3In this case, the WCJ's Report correctly points out that it is uncertain whether Roberto's
attack on the applicant was based solely on some personal motivation or grievance. Whatever
Roberto's motive was, we agree with the WCJ that the preponderance of evidence justifies the
finding that Roberto's attack on the applicant had "some work connection," thus establishing
compensability of her injuries. (Lab. Code, § 3202.5.)
Applicant testified she did not know why Roberto attacked her, and there was no evidence the attack was purely personal.
Favours Applicant prevailed
This undermined defendant's argument that the attack was motivated by personal reasons, supporting compensability.
From the decision · page 4On this record, we conclude the evidence does not support a finding that Roberto's attack
on the applicant was purely personal. It is reasonable to infer that Roberto came to the church to
discuss with a priest what he believed was some sort of romantic relationship he had with the
applicant. It also is clear that Roberto attended this church, as did the applicant, in addition to her
work as a housekeeper and custodian. Applicant's testimony also establishes that although she
and Roberto had gone on outings together with her two children, they were not in a romantic
relationship. In fact, applicant testified that she was and still is afraid of Roberto, and it was her
understanding that he hit another woman at church.
Applicant's testimony was unrebutted and credible, including that Roberto attended the church and initially sought to see a priest where applicant worked.
Favours Applicant prevailed
This supported the finding that the attack had some connection to applicant's work, establishing compensability.
From the decision · page 4On this record, we conclude the evidence does not support a finding that Roberto's attack
on the applicant was purely personal. It is reasonable to infer that Roberto came to the church to
discuss with a priest what he believed was some sort of romantic relationship he had with the
applicant. It also is clear that Roberto attended this church, as did the applicant, in addition to her
work as a housekeeper and custodian. Applicant's testimony also establishes that although she
and Roberto had gone on outings together with her two children, they were not in a romantic
relationship. In fact, applicant testified that she was and still is afraid of Roberto, and it was her
understanding that he hit another woman at church.
Defendant failed to rebut applicant's prima facie showing that the attack was related to work.
Favours Applicant prevailed
This led to affirming the WCJ's finding of compensability.
From the decision · page 4Based on our analysis of the facts highlighted above, in this case we are persuaded applicant
made a prima facie case that Roberto's attack on her at the church arose out of employment,
because the attack had some connection to applicant's work there. Defendant failed to rebut
applicant's prima facie showing that Roberto's attack was related to applicant's work.
Accordingly, we will affirm the WCJ's finding. However, the WCJ did not address and resolve
the issue of which body parts were injured in Roberto's attack on the applicant. Therefore, we will
return this matter to the trial level for further proceedings and determination of that issue by the
WCJ.