Rahmatolah Yaghoubi, a CalTrans civil engineer working from home near retirement, was fatally attacked on May 31, 2021 (Memorial Day, a paid holiday) by a stranger, David Abbott, on a public sidewalk adjacent to his home. The dispute centered on whether the death arose out of and occurred in the course of employment (AOE/COE), with the defense arguing Yaghoubi was not working and that the attack was a personal, non-compensable risk. The WCJ found the injury compensable based on circumstantial evidence that Yaghoubi was working at home and on a paid break, and applied the personal comfort doctrine plus the neutral-risk analysis for third-party assaults. The Appeals Board adopted the WCJ's report, found it timely acted under amended Labor Code section 5909, and denied reconsideration.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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