Bustamante, Jairo

Applicant Jairo Bustamante, a Community Health Worker for Community Warriors 4 Peace, was shot 7-11 times by two assailants while handing out PPE/COVID kits at a community car wash fundraiser in Koreatown on March 24, 2022. The WCJ found the injury arose out of and in the course of employment (AOE/COE), and defendant petitioned for reconsideration arguing the unknown motive permitted an inference that applicant was 'targeted' and that his employment played no role. The WCAB denied reconsideration, adopting the WCJ's report, holding that applicant met his burden through credible testimony that he did not know the assailants or any motive, triggering the neutral/positional risk doctrine under which an assault by unknown or non-personal motive in the course of employment is compensable. The Board agreed the 'special risk/zone of danger' analysis was unnecessary but found the injury compensable because applicant's employment took him to the place of harm. Reconsideration was denied.