Home/Case Law/JAZMIN LUCERO vs. LIVING SPACES FURNITURE, LLC; ZENITH INSURANCE COMPANY
Regular DecisionRegular Panel Decision

JAZMIN LUCERO vs. LIVING SPACES FURNITURE, LLC; ZENITH INSURANCE COMPANY

Filed: Mar 17, 2025
Riverside
ADJ19073561

CompFox AI Summary

Applicant Jazmin Lucero sustained an industrial injury while working as a truck driver for Living Spaces Furniture, LLC. Defendant Zenith Insurance Company denied the claim, citing the initial aggressor defense under Labor Code section 3600(a)(7). The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior Findings and Award, and substituted it with new findings. The Board ultimately determined that the applicant's claim was not barred by the initial aggressor defense and that she sustained an injury arising out of and in the course of employment (AOE/COE) to her cervical and lumbar spine.

Full Decision Text1 Pages

Applicant Jazmin Lucero sustained an industrial injury while working as a truck driver for Living Spaces Furniture, LLC. Defendant Zenith Insurance Company denied the claim, citing the initial aggressor defense under Labor Code section 3600(a)(7). The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior Findings and Award, and substituted it with new findings. The Board ultimately determined that the applicant's claim was not barred by the initial aggressor defense and that she sustained an injury arising out of and in the course of employment (AOE/COE) to her cervical and lumbar spine.

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