CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming that the applicant's assault in the employer's unlit parking lot arose out of and occurred in the course of employment. The Board found the assault was random and not personal, thus not barring compensation. The applicant was injured shortly after clocking out, and the employer's premises, including the dark parking lot, created a zone of risk. The Board deferred to the judge's credibility determination regarding the applicant's testimony.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming that the applicant's assault in the employer's unlit parking lot arose out of and occurred in the course of employment. The Board found the assault was random and not personal, thus not barring compensation. The applicant was injured shortly after clocking out, and the employer's premises, including the dark parking lot, created a zone of risk. The Board deferred to the judge's credibility determination regarding the applicant's testimony.
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