Home/Case Law/HENRY LOPEZ vs. WINDSOR SNF MANAGEMENT, TOWER SELECT INSURANCE COMPANY
Regular DecisionReconsideration

HENRY LOPEZ vs. WINDSOR SNF MANAGEMENT, TOWER SELECT INSURANCE COMPANY

Filed: Nov 03, 1971
Van Nuys
ADJ7948448

CompFox AI Summary

This case involves an applicant who, while on a work assignment, experienced a diabetic episode causing dizziness. He stopped at a nearby market to eat and subsequently slipped and fell, injuring his hip and knee. The employer argued the injury was outside the scope of employment due to a deviation and the going and coming rule. However, the WCJ found the deviation was reasonable under the personal comfort rule for a known medical condition, and the Appeals Board adopted this reasoning, denying reconsideration. The Board gave great weight to the WCJ's credibility findings and resolved reasonable doubts in favor of the employee, consistent with precedent.

Full Decision Text1 Pages

This case involves an applicant who, while on a work assignment, experienced a diabetic episode causing dizziness. He stopped at a nearby market to eat and subsequently slipped and fell, injuring his hip and knee. The employer argued the injury was outside the scope of employment due to a deviation and the going and coming rule. However, the WCJ found the deviation was reasonable under the personal comfort rule for a known medical condition, and the Appeals Board adopted this reasoning, denying reconsideration. The Board gave great weight to the WCJ's credibility findings and resolved reasonable doubts in favor of the employee, consistent with precedent.

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HENRY LOPEZ vs. WINDSOR SNF MANAGEMENT, TOWER SELECT INSURANCE COMPANY (1971) – Van Nuys | CompFox