What the panel ordered
Petition for Reconsideration is denied.
Defendant American Zurich Insurance Company seeks reconsideration of the January 3, 2025 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration, which rescinded the June 19, 2019 Findings and Order issued by the WCJ.
This docket was decided more than once. Shown here is the latest released decision; we also hold January 3, 2025.
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 prevailedlow back · tailbone · right elbow
The Appeals Board found that defendant did not meet its burden to prove applicant was the initial physical aggressor, and that applicant sustained injury arising out of and in the course of employment.
From the decision · page 1Defendant American Zurich Insurance Company seeks reconsideration of the January 3, 2025 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration (O&O), wherein we rescinded the June 19, 2019 Findings and Order (F&O) issued by the Workers' Compensation Administrative Law Judge (WCJ) that found that applicant was an initial physical aggressor in a confrontation that resulted in industrial injury and therefore his claim for benefits is barred by Labor Code section 3600(a)(7). Our O&O substituted new Findings of Fact that found that: 1)applicant sustained injury arising out of and in the course of employment to his low back/tailbone and to the right elbow and deferred the issue of injury to any other body parts; 2) applicant was not the initial physical aggressor and defendant did not meet its burden to show that applicant's claim for benefits is barred under section 3600(a)(7); and, 3) applicant is entitled to medical treatment.