What the panel ordered
WCAB granted defendant's petition for reconsideration, amended WCJ's findings to conform to Labor Code section 3600 compensability standard, deferred all other issues, and otherwise affirmed the WCJ's decision.
Defendant sought reconsideration of the WCJ's December 11, 2023 Findings of Fact regarding injury compensability; WCAB granted reconsideration to amend findings to conform to compensability standard and deferred all other issues.
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 WCAB found that the applicant sustained injury arising out of and in the course of employment despite conflicting testimony and credibility issues, as the injury occurred while performing job duties with a pallet jack, and defendant failed to prove the injury was due to horseplay or outside employment scope.
From the decision · page 1Defendant seeks reconsideration of the Findings of Fact issued by a workers' compensation administrative law judge (WCJ) on December 11, 2023 (decision), wherein the WCJ found that, on October 19, 2021, applicant "sustained injury to his right ankle while performing his job duties, and was not acting outside the scope of his job duties."
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant sustained injury to right ankle on October 19, 2021, while performing job duties with a pallet jack.
Favours Applicant prevailed
This fact established the injury occurred in the course of employment and was industrially related.
From the decision · page 1Defendant seeks reconsideration of the Findings of Fact issued by a workers' compensation administrative law judge (WCJ) on December 11, 2023 (decision), wherein the WCJ found that, on October 19, 2021, applicant "sustained injury to his right ankle while performing his job duties, and was not acting outside the scope of his job duties."
Defendant failed to present evidence that applicant was engaged in horseplay or unauthorized departure from employment duties at injury time.
Favours Applicant prevailed
This failure meant the injury was compensable despite applicant's credibility issues.
From the decision · page 7clear from the evidence that the Applicant was utilizing an electric pallet jack to perform his duties, and should have been utilizing a manual pallet jack. The fact that the Applicant gave different versions about the type of pallet he was operating does not allow defendant to deny benefits. Regardless of the numerous versions of events offered by the Applicant, the Defendant failed to present any evidence tending to support a conclusion that the Applicant was engaged in "horseplay," rather than his job duties. Defendant's contention that Public policy and the law require that an Applicant must come to the Court with candor and honesty, and any benefit of the doubt should not be extended under Labor Code 3-202 when there is such unequivocal indifference to that requirement bv the Applicant."
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 3600
Injury must arise out of and in the course of employment to be compensable under Labor Code section 3600.
The WCAB amended the WCJ's findings to conform to this standard.
From the decision · page 2stating: "... the starting point of analysis is California Labor Code Section 3600. According to L.C. § 3600, liability is imposed on an employer for workers' compensation benefits only if an employee sustains an injury `arising out of and in the course of employment.'" (Opinion on Decision, December 11, 2023, p. 1, quoting Lab. Code, § 3600; see also Report, pp. 4-8.)
LaTourette v. Workers' Comp. Appeals Bd. (1998) 17 Cal.4th 644
Two-prong test for compensability: injury must occur in the course of employment and arise out of employment.
The WCAB applied this test to determine compensability.
From the decision · page 7The determination of whether an injury arises out of and in the course of employment requires a two-prong analysis. (LaTourette v. Workers' Comp. Appeals Bd. (1998) 17 Cal.4th 644 [72 Cal. Rptr. 2d 217, 951 P.2d 1184, 63 Cal.Comp.Cases 253].)
Westbrooks v. Workers' Comp. Appeals Bd. (1988) 203 Cal.App.3d 249
Employee misconduct does not bar recovery unless it constitutes a deviation from the scope of employment.
The WCAB found that the applicant's use of an unauthorized electric pallet jack did not remove compensability.
From the decision · page 9In Westbrooks v. Workers' Comp. Appeals Bd. (1988) 203 Cal.App.3d 249 [252 Cal. Rptr. 26, 53 Cal.Comp.Cases 157], the Court of Appeals stated:
What proof carried it
The evidence the panel weighed, by kind.
Applicant's conflicting testimony about the type of pallet jack used was noted but did not negate injury compensability.
From the decision · page 6The record further demonstrates that the Applicant has given several conflicting versions of events in relation to the cause of his injury. It is because of these versions, that Defendant asserts the Applicant is not credible, and therefore should not be entitled to benefits.
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About this page
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