Demille, Shane

Applicant Shane Demille, a truck driver, sustained a head injury on July 6, 2023 during a road-rage altercation with a third-party driver, Jeffrey Cameron, who blocked his vehicle and punched him in the head. The WCJ denied the claim, finding applicant was the 'initial physical aggressor' under Labor Code section 3600(a)(7) because he intentionally threw water out his truck window onto Cameron's vehicle before being punched. Applicant sought reconsideration, arguing that splashing water would not cause a reasonable person to perceive a 'real, present and apparent threat of bodily harm' under the Mathews standard. The Appeals Board granted reconsideration because the key piece of evidence—a dashboard camera video (Applicant's Exhibit 2)—remained in the WCJ's possession and was unavailable for the Board's review, making meaningful reconsideration impossible. The Board deferred its final decision on the merits pending receipt and review of the video.