What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration denied by the WCAB panel, adopting and incorporating the WCJ's report and findings.
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.
AOE/COEApplicant prevailedlegs · head · neck · hips · left hand · left middle finger · left ring finger · right knee · right ankle · left ear · vision · psyche · loss of consciousness · depression
The WCJ and WCAB found the injury was within the special risk exception to the going and coming rule because the applicant was waiting for employer-provided transportation and engaged in reasonable activities within the field of risk created by the employment.
From the decision · page 2Shortly before the scheduled end of the lunch break at 3:00 a.m., an automobile collided into the bus stop where Gus, Giovanni, and the Applicant were waiting. (MOE/SOE Dec 5, 2023, pg. 6, lines 3; 8-10.) As a result of this incident, the Applicant alleged to have sustained injuries to his legs, head, neck, hips, left hand, left middle finger, left ring finger, right knee, right ankle, left ear, vision, psyche, and in the form of loss of consciousness and depression. (Id., pg. 2, lines 5-9.)