Castro, Gary

Applicant Gary Castro claimed injury from a February 4, 2013 physical altercation with a trespasser while working as a maintenance man. After a two-day trial on the sole issue of whether the claim was barred under Labor Code section 3600(a)(7) (initial physical aggressor defense), the WCJ found applicant was the initial aggressor and barred the claim. On January 3, 2025, the Appeals Board rescinded that F&O, finding defendant failed to meet its burden of proving applicant was the initial physical aggressor and that applicant sustained compensable injury to his low back/tailbone and right elbow. Defendant American Zurich sought reconsideration arguing the Board lacked 'evidence of considerable substantiality' to reject the WCJ's credibility determinations. The Board denied reconsideration, emphasizing that defendant bore the burden of proof, the police report did not constitute substantial evidence, and challenging applicant's credibility alone did not satisfy defendant's burden.