WCPanelIQ
PanelDenied

Yaghoubi, Rahmatolah

RAHMATOLAH YAGHOUBI (dec.), Applicant vs. CALTRANS, legally uninsured; administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ16236352
Decision date
Apr 7, 2025
District office
Santa Ana
WCJ
Josephine Broussard
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: head, death (blunt force traumatic injuries and manual strangulation)

LC §5909LC §5900LC §3600LC §3202.5LC §3202LC §3202.2

Summary

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

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.