SERGIO CERON (Deceased), GINA PIELLUSCH (Individually and as Guardian Ad Litem), SABRINA CERON PIELLUSCH, CLAUDIA CERON, DAVID CERON, ROXANNA CURTIS, vs. HAMBURG, KARIC, EDWARD & MARTIN; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA,

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the finding that the deceased paralegal's death was not industrially caused. The Board affirmed the judge's conclusion that the decedent was not performing a service for his employer or acting within the course of employment at the time of death. The applicant failed to prove the personal comfort exception applied, as the decedent was not paid for his lunch break. Deference was given to the judge's credibility assessment of a key witness.