WCPanelIQ
PanelQMEMed-legalGranted

Schlesinger, Richard

RICHARD SCHLESINGER, Applicant vs. GOVERNOR’S OFFICE OF BUSINESS & ECONOMIC DEVELOPMENT (GO-BIZ); STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ16642865
Decision date
Oct 23, 2024
District office
Van Nuys
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cervical spine, thoracic spine, lumbar spine, head, chest/ribs, psyche, musculoskeletal system

LC §5909LC §5900LC §3600LC §3202.5

Summary

Applicant Richard Schlesinger, a motion picture analyst for Go-Biz, was physically assaulted by a stranger around 3:30 p.m. on August 1, 2022, while on a break at a business across the street from his employer. Defendant State Compensation Insurance Fund argued the injury occurred during an unpaid off-premises lunch break, suspending the employment relationship and defeating AOE/COE. The WCJ found applicant was on a paid work break and sustained injury AOE/COE, which defendant appealed. The Appeals Board granted reconsideration but affirmed the AOE/COE finding, crediting the WCJ's credibility determination and the totality of evidence (including timing and price of food purchases). The Board amended the F&O to clarify that applicant sustained injury to the cervical, thoracic, and lumbar spine based on the QME's substantial medical evidence, while deferring the issue of injury to other body parts (head, chest/ribs, gait).

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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