Bridge Hospitality, LLC; Everest National Insurance Company Sergio Nufio WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASERGIO NUFIO, Applicant,vs.BRIDGE HOSPITALITY, LLC; EVEREST NATIONAL INSURANCE COMPANY, Defendants.Case No. ADJ6808931 OPINION AND DECISION AFTER RECONSIDERATION On September 20, 2010, we granted reconsideration of the June 25, 2010 Findings of Fact. Therein, the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a busboy on March 25, 2009, sustained injury arising out of and occurring in the course of employment (AOE/COE); that applicant’s entitlement to benefits is not barred by Labor Code1 section 3600(a)(10) because applicant reported his injury prior to notice of termination; that applicant’s injury did not arise out of horseplay; and that applicant’s entitlement to benefits is not barred by section 3600(a)(7) because applicant was not the initial physical aggressor in the altercation that resulted in applicant’s injury. All other issues were deferred. We granted reconsideration in order to allow us time to further study the factual and legal issues in this case. We now issue our Opinion and Decision After Reconsideration. In its Petition for Reconsideration, defendant contends that the WCJ erred in finding injury AOE/COE arguing that applicant did not meet his burden of establishing a connection between his employment and the alleged injury; that applicant’s injury was a result of horseplay; and, alternatively, that applicant was the initial physical aggressor. Applicant did not file an answer but, instead, we received an August 16, 2010 letter from applicant’s attorney addressed to the Appeals Board indicating that he was not served with a copy of 1 All further statutory references are to the Labor Code, unless otherwise noted. , defendant’s Petition for Reconsideration and requesting an opportunity to respond to defendant’s contentions. The WCJ did
