Johnson, Robert

Robert Johnson, a stationary engineer for ABM Industries (self-insured, administered by Sedgwick), claimed an AOE/COE injury to his right knee, right leg, and right lower leg that occurred at home around 10:00-10:30 p.m. on January 22, 2023, when he stood up 'in haste' from his chair to answer a work-related phone call from a subordinate engineer and his knee buckled, causing a torn ACL. The WCJ found the injury industrially compensable, concluding applicant was acting within the course of employment while answering the work call and that the act of standing was a contributory cause without which the injury would not have occurred. Defendant petitioned for reconsideration, arguing the act of standing was a normal personal bodily movement, that applicant was not credible due to inconsistencies in injury accounts, and that the injury did not occur in the course of employment. The WCAB adopted and incorporated the WCJ's report, gave great weight to the WCJ's credibility determinations under Garza, and found no substantial evidence warranting their rejection. The Board denied reconsideration. The decision also addressed the timeliness of the Board's action under amended Labor Code section 5909.