Home/Case Law/ANGELO RIOS vs. RUSHER AIR CONDITIONING, INSURANCE CO OF THE WEST SAN DIEGO
Regular DecisionReconsideration

ANGELO RIOS vs. RUSHER AIR CONDITIONING, INSURANCE CO OF THE WEST SAN DIEGO

Filed: Dec 09, 2018
Long Beach
ADJ9942537

CompFox AI Summary

This case involves an applicant seeking workers' compensation benefits for an injury sustained during his unpaid lunch break. The Workers' Compensation Appeals Board granted reconsideration, reversing the prior decision that denied the claim. The Board found that the applicant's injury did not fall under the "going and coming" rule due to evidence that he was performing work-related tasks during his break, including taking work calls and researching for a bid. Furthermore, the Board determined the injury likely occurred after the unpaid lunch period concluded, extending into a paid break.

Full Decision Text1 Pages

This case involves an applicant seeking workers' compensation benefits for an injury sustained during his unpaid lunch break. The Workers' Compensation Appeals Board granted reconsideration, reversing the prior decision that denied the claim. The Board found that the applicant's injury did not fall under the "going and coming" rule due to evidence that he was performing work-related tasks during his break, including taking work calls and researching for a bid. Furthermore, the Board determined the injury likely occurred after the unpaid lunch period concluded, extending into a paid break.

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ANGELO RIOS vs. RUSHER AIR CONDITIONING, INSURANCE CO OF THE WEST SAN DIEGO (2018) – Long Beach | CompFox