What the panel ordered
The Board rescinded the WCJ's Findings and Order and substituted new findings that applicant sustained injury arising out of and in the course of employment to his neck, upper back, and lower back. All other issues were deferred and the matter was returned to the WCJ for further proceedings.
Applicant seeks reconsideration of the Findings and Order issued by the WCJ on May 11, 2021, which found the injury did not arise out of or in the course of employment (AOE/COE). The WCJ issued a Report and Recommendation to deny reconsideration. The Board granted reconsideration, rescinded the F&O, and substituted new findings that the injury was AOE/COE, deferring all other issues and returning the matter to the trial level for further proceedings.
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.
Applicant was injured while shopping for lunch but was required to carry a weapon and respond to emergencies at all times, including during lunch breaks. The medical evidence showed injuries were caused by a motor vehicle accident during lunch while on duty. The Board found the injury arose out of and in the course of employment, rejecting the going and coming rule defense.
From the decision · page 1Applicant seeks reconsideration of the Findings and Order (F&O), issued by the workers' compensation administrative law judge (WCJ) on May 11, 2021, wherein the WCJ found in pertinent part that applicant's injury did not arise out of or in the course of his employment (AOE/COE).