FEDERICO PEREZ vs. FIRST BAPTIST CHURCH OF WALNUT CREEK, WALNUT CREEK CHRISTIAN ACADEMY, CHURCH MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the petition for reconsideration filed by the defendants, First Baptist Church of Walnut Creek, Walnut Creek Christian Academy, and Church Mutual Insurance Company, in the case of applicant Federico Perez. The applicant alleged a right shoulder injury on September 7, 2023. The defendants were admonished for violating WCAB Rule 10945 by misstating material facts and referencing documents not in the trial record. The Board affirmed the WCJ's findings that the applicant provided pre-termination notice of the injury, and established injury arising out of and in the course of employment (AOE/COE) and entitlement to temporary total disability, based on credible testimony and the Panel QME report of Dr. Adam Brooks. The decision also addressed the timeliness of the Board's action on reconsideration petitions under Labor Code section 5909 and the post-termination defense under Labor Code section 3600(a)(10).