ALHAMBRA UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, SANDRA COSTELLO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANDRA COSTELLO, Applicant,vs.ALHAMBRA UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Defendants.Case No. ADJ3954433 (VNO 0520736)OPINION AND ORDER DENYING RECONSIDERATION Defendant seeks reconsideration of the August 26, 2009 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found thai applicant, while employed as a teacher on February 21, 2004, sustained industrial injury to her low back, right hip, right knee, right foot and right ankle causing 47% permanent disability, and a need for future medical treatment. On the Saturday date of injury, applicant was injured while attending an off-campus Science Bowl where students from her school were competing. Defendant contends that applicant voluntarily attended the Science Bowl, such that the provision of workers’ compensation benefits for her injury is barred by Labor Code section 3600(a)(9).1 We have carefully reviewed the record and considered the allegations of defendant’s petition for reconsideration and the WCJ’s Report and Recommendation on Petition for Reconsideration (Report). For the reasons stated by the WCJ in her Report, which is incorporated by this reference, and for the reasons set forth below, we deny reconsideration and affirm the August 26, 2009 Findings and Award. 1Labor Code section 3600(a)(9) allows for benefits, “Where the injury does not arise out of voluntary participation in any off-duty recreational, social, or athletic activity not constituting part of the employee’s work-related duties, except where these activities are a reasonable expectancy of, or are expressly or impliedly required by. the employment…” , As discussed by the WCJ in her Report, the evidence supports the conclusion that applicant was performing services growing out of and incidental to her employment and was act
Sandra Costello, vs. Alhambra Unified School District, Permissibly Self-insured,
(VNO 0520736) is a case in which the Alhambra Unified School District, a permissibly self-insured defendant, sought reconsideration of the August 26, 2009 Findings and Award of the workers' compensation administrative law judge (WCJ) who found that the applicant, Sandra Costello, while employed as a teacher on February 21, 2004, sustained industrial injury to her low back, right hip, right knee, right foot and right ankle causing 47% permanent disability, and a need for future medical treatment. The defendant argued that the applicant voluntarily attended the Science Bowl, such that the provision of workers' compensation benefits for her injury was barred by Labor Code section 3600(a)(9). The Workers' Compensation Appeals
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ3954433
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