Basil Perkins vs. City Of Los Angeles, Permissibly Self-insured

In this case, the City of Los Angeles, Permissibly Self-Insured, is being sued by Basil Perkins, the applicant. Perkins is seeking reconsideration of the February 11, 2010 Opinion and Order Granting Reconsideration and Decision After Reconsideration, which found that he did not sustain an industrial injury on or about December 25, 2007. Perkins argues that he was denied due process, that he had permission to be in his employer's vehicle, and that his injury is compensable under the positional risk and special risk doctrines. The Appeals Board granted Perkins' petition for reconsideration in order to allow him to supplement the record with a March 18, 2010 security bulletin.

City of Los Angeles, Permissibly Self-Insured Basil Perkins WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABASIL PERKINS, Applicant,vs.CITY OF LOS ANGELES, Permissibly Self-Insured, Defendant.Case No. ADJ2423806 (LAO 0883885)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION ANDNOTICE OF INTENTION TO ADMIT EVIDENCE            Applicant seeks reconsideration of the February 11, 2010 Opinion and Order Granting Reconsideration and Decision After Reconsideration, wherein Appeals Board amended the November 23, 2009 decision of the workers’ compensation administrative law judge (WCJ) and found that the applicant did not sustain an industrial injury on or about December 25, 2007.            Applicant contends that the Appeals Board erred in finding that the applicant did not F sustain an industrial injury, arguing that the applicant was denied due process as the board failed to consider applicant’s answer to defendant’s petition for reconsideration. Applicant also argues that 171: he had permission to be in his employer’s vehicle, that he did not violate his employer’s policies or procedures, that his injury is compensable under the positional risk doctrine and the special risk doctrine, and that the court can infer that the assault was motivated by employment.            After filing his petition for reconsideration, applicant filed a “petition to supplement the record on reconsideration” requesting that a March 18, 2010 security bulletin be entered into evidence.            We have considered the petition for reconsideration and the petition to supplement the 24 record. We have not received an answer from defendant. We will grant applicant’s petition for reconsideration in order to allow applicant an opportunity to supplement the record. , For the foregoing reasons,IT IS ORDERED that the applicant’s Petition for Reconsideration of the February 11, 2010 Opinion and Order Granting Reconsideration and Decision After Reconsideration is GRANTED. ,           

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