Johnson, Christopher

Applicant Christopher Johnson, a commercial truck driver, was injured when police forcibly pulled him from his semi-truck during a traffic stop in Arizona, causing him to fall approximately seven feet. He pleaded guilty to two Arizona class 2 misdemeanors—failure to obey a police officer (Ariz. Rev. Stat. § 28-622(A)) and failure to show his driver's license (Ariz. Rev. Stat. § 28-1595(B)). The WCJ found his claim barred under Labor Code section 3600(a)(8), but the WCAB, on decision after remand from the Fourth Appellate District, concluded that section 3600(a)(8) only bars compensation for injuries caused by a felony or a misdemeanor re-designated from a felony ('wobbler'), not for true misdemeanors. The Board further found no causal relationship between applicant's confrontational/non-cooperative conduct and his injuries, which resulted from the officers' decision to forcibly remove him. The WCAB granted reconsideration and amended the Findings and Order to hold that the claim is not barred by section 3600(a)(8).