Riley, Clifford

Applicant Clifford Riley, an equipment operator for Bolthouse Farms, claimed injury to his left upper extremity and left wrist on August 9, 2021, when he climbed a security fence to reach his car after taking an unauthorized break to 'cool off' following a confrontation with a supervisor. The WCJ found the injury compensable AOE/COE and not caused by serious and willful misconduct, reasoning that the unauthorized break did not remove applicant from the course of employment. Defendant sought reconsideration, arguing applicant abandoned his employment or materially deviated, alternatively seeking a benefit reduction under Labor Code section 4551 for serious and willful misconduct, and contending the WCJ violated due process by offering a different rationale in the Report than in the Opinion on Decision (citing Gangwish). The Appeals Board granted reconsideration to allow further study of the factual and legal issues, including the applicability of Gangwish and whether the record supports that applicant was engaged in an activity reasonably contemplated by his employment. The Board deferred issuance of a final decision pending further review of the merits and the entire record.