California: Assault by a Co-worker

A Board Panel recently found decedent’s death arose out of and was in the course of employment, when decedent’s murder, which occurred at work when he was shot and killed by co-worker over alleged affair with co-worker’s wife who worked for same employer at different facility, was sufficiently connected to decedent’s employment.

CA - NOTEWORTHY PANEL DECISIONS

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Donald Dacumos (Deceased), Applicant v. Pete’s Home, State Compensation Insurance Fund, Defendants

W.C.A.B. No. ADJ14393426—WCJ Christopher Miller (OAK); WCAB Panel: Chair Zalewski, Commissioners Snellings, Razo (concurring, but not signing)

Workers’ Compensation Appeals Board (Board Panel Decision)

Opinion Filed October 10, 2022

Publication Status:  CAUTION:  This decision has not been designated as a “significant panel decision” by the Workers’ Compensation Appeals Board. Practitioners should proceed with caution when citing to this panel decision and should also verify the subsequent history of the decision, as these decisions are subject to appeal. WCAB panel decisions are citeable authority, particularly on issues of contemporaneous administrative construction of statutory language [see Griffith v. WCAB (1989) 209 Cal. App. 3d 1260, 1264, fn. 2, 54 Cal. Comp. Cases 145]. However, WCAB panel decisions are not binding precedent, as are en banc decisions, on all other Appeals Board panels and workers’ compensation judges [see Gee v. Workers’ Comp. Appeals Bd. (2002) 96 Cal. App. 4th 1418, 1425 fn. 6, 67 Cal. Comp. Cases 236]. While WCAB panel decisions are not binding, the WCAB will consider these decisions to the extent that it finds their reasoning persuasive [see Guitron v. Santa Fe Extruders (2011) 76 Cal. Comp. Cases 228, fn. 7 (Appeals Board En Banc Opinion)]. LexisNexis editorial consultants have deemed this panel decision noteworthy because it does one or more of the following: (1) Establishes a new rule of law, applies an existing rule to a set of facts significantly different from those stated in other decisions, or modifies, or criticizes with reasons given, an existing rule; (2) Resolves or creates an apparent conflict in the law; (3) Involves a legal issue of continuing public interest; (4) Makes a significant contribution to legal literature by reviewing either the development of workers’ compensation law or the legislative, regulatory, or judicial history of a constitution, statute, regulation, or other written law; and/or (5) Makes a contribution to the body of law available to attorneys, claims personnel, judges, the Board, and others seeking to understand the workers’ compensation law of California.

Disposition:  The Petition for Reconsideration is denied.

Injury AOE/COE—Assault by Co-Worker—WCAB, denying reconsideration, affirmed WCJ’s finding that decedent’s death arose out of and in course of his employment, when WCAB found that decedent’s murder, which occurred at work when he was shot and killed by co-worker over alleged affair with co-worker’s wife who worked for same employer at different facility, was sufficiently connected to decedent’s employment even though killing was motivated by personal animus, where parties all became acquainted through work and decedent was at work performing services for employer at time he was killed. [See generally Hanna, Cal. Law of Emp. Inj. and Workers’ Comp. 2d §§ 4.41, 4.53[1]; Rassp & Herlick, California Workers’ Compensation Law, Ch. 10, § 10.04[3][c].]