What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by defendant seeking review of the August 2, 2022 decision; WCJ report and opinion adopted by the 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.
The death was found to have arisen out of and in the course of employment because the decedent was performing services for the employer when assaulted by a coworker, and the employment was a proximate cause of the incident despite the personal animus involved.
From the decision · page 7This matter arises out of the death of an employee at the hands of a coworker. The act was intentional: The assailant, Edward Go, fired multiple gunshots at the decedent, the applicant, killing him. The issue submitted for decision is whether that death arose out of the decedent's employment. The exhibits, numbering two, consist of the transcripts of two depositions of employees of Pete's Home, a residential care facility. Trial testimony was elicited from one of those employees, a supervisor at Pete's Home, and the decedent's widow. None of that testimony was terribly helpful, but the salient facts are not disputed.