CompFox AI Summary
This case involves applicant Antonio Navarro's petition for reconsideration of a denial of workers' compensation benefits. The administrative law judge found applicant was the initial aggressor in an altercation with a co-worker on December 4, 2008, rendering his injury non-compensable under Labor Code § 3600(a)(7). Applicant argued the defendant failed to prove initial aggressor status and that he reasonably felt threatened, but his petition misrepresented the record and contradicted his own trial testimony where he denied initiating the physical contact. The Appeals Board denied reconsideration, adopting the judge's report and finding overwhelming evidence, including witness testimony and a police report, that applicant was the initial aggressor.
Full Decision Text1 Pages
This case involves applicant Antonio Navarro's petition for reconsideration of a denial of workers' compensation benefits. The administrative law judge found applicant was the initial aggressor in an altercation with a co-worker on December 4, 2008, rendering his injury non-compensable under Labor Code § 3600(a)(7). Applicant argued the defendant failed to prove initial aggressor status and that he reasonably felt threatened, but his petition misrepresented the record and contradicted his own trial testimony where he denied initiating the physical contact. The Appeals Board denied reconsideration, adopting the judge's report and finding overwhelming evidence, including witness testimony and a police report, that applicant was the initial aggressor.
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