Nanez, Braden

This is an Opinion and Decision After Remand issued pursuant to the Third District Court of Appeal's April 23, 2024 Opinion and May 24, 2024 Order Modifying Opinion in C098711. The Court of Appeal affirmed the WCAB's prior decision rescinding the WCJ's findings that applicant Braden Nanez did not sustain injury AOE/COE and substituting findings that the commercial traveler rule applied, the claim was not barred by the going and coming rule or intoxication, and that Nanez sustained injury AOE/COE in the form of a right femur fracture (with TBI and bruised lung issues deferred). The Court of Appeal awarded costs to Nanez, but his attorney filed a Notice of Disclaimer of Costs on September 16, 2024. The WCAB acknowledged and approved the disclaimer, ordering that Nanez is not entitled to costs under Labor Code sections 5801 or 5811. The matter was returned to the trial level for further proceedings consistent with the decision and the Court of Appeal's rulings.