What the panel ordered
The Board rescinded the prior Findings of Fact and Order, substituted new findings that applicant sustained injury AOE/COE, deferred all other issues, and returned the matter to the trial level for further proceedings.
Applicant sought reconsideration of the Findings of Fact and Order issued on September 1, 2020, which found no injury AOE/COE and ordered applicant to take nothing; the WCJ recommended denial of reconsideration, but the Board rescinded the F&O, found injury AOE/COE, deferred other issues, and returned the matter for further proceedings.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.
The Board found that the applicant's travel to the Bay Area during his time off was a practice reasonably expected by the employer and that the supervisor knew of and did not object to the travel, thus the injury was sustained arising out of and in the course of employment.
From the decision · page 2Edil "David" the applicant was employed as a laborer for Bayview Environmental Services on July 29, 2018, at which time he was involved in a motor vehicle accident on Interstate 5 in Kern County, California. A passenger in the applicant' vehicle, Christian Agusto Avilagarcia, died at the scene. the applicant succumbed to his injuries at Kern Medical Center on August 15, 2018.