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PanelGranted

Lucero, Jazmin

JAZMIN LUCERO, Applicant vs. LIVING SPACES FURNITURE, LLC; ZENITH INSURANCE COMPANY, Defendants

ADJ number: ADJ19073561
Decision date: Mar 16, 2025
District office: Riverside District Office
WCJ: —
Claim administrator: Zenith Insurance Company
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: cervical spine, lumbar spine, thoracic spine, left arm, bilateral wrists and hands, left leg, psyche, left upper extremity, left lower extremity, left hip, sleep, headaches, internal, sexual dysfunction, asthma

LC §3600LC §3202LC §3202.5LC §3351LC §5705LC §5900LC §5909LC §3600(a)(7)

Summary

Applicant Jazmin Lucero, a truck driver, claimed injury AOE/COE from a March 27, 2024 motor vehicle accident in which a third-party driver swerved into her truck and pushed her off the road. Defendant denied the claim under the initial aggressor defense of Labor Code section 3600(a)(7) and an abandonment/horseplay theory, contending applicant pursued a third-party trucker with whom she had a personal vendetta. The WCJ found the claim was not barred and that applicant sustained injury AOE/COE, but failed to list any body parts. The Board granted reconsideration to correct the omission, holding the section 3600(a)(7) defense did not apply because defendant failed to meet its burden of proving applicant was the initial physical aggressor, and substituted findings specifying injury to the cervical and lumbar spine with all other body parts deferred.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.