Castro, Gary

Gary Castro, a maintenance man, claimed industrial injury from a physical altercation with a trespasser, Sau Nguyen, on February 4, 2013. The WCJ found Castro was the initial physical aggressor based primarily on a Union City police report, barring his claim under Labor Code section 3600(a)(7). On reconsideration, the Appeals Board found the police report and the victim's hearsay statements were not substantial evidence because there was no credibility assessment, no eyewitness corroboration, no further investigation, and no opportunity for Castro to cross-examine the victim or officers. The Board also rejected the WCJ's speculation that the criminal prosecution implied guilt, noting the charges were ultimately dismissed and the inferences were unfounded. The Board rescinded the F&O and found that defendant failed to meet its burden, that Castro was not the initial aggressor, and that he sustained industrial injury to his low back/tailbone and right elbow, entitling him to medical treatment.