WCPanelIQ
PanelDenied

Maravilla, Omar

OMAR MARAVILLA, Applicant vs. ATWAL BROTHERS FARMING, INC., ADVANTAGE WORKERS’ COMPENSATION INS. CO., Defendants

ADJ number
ADJ12214846
Decision date
Mar 24, 2024
District office
Van Nuys
WCJ
—
Claim administrator
Advantage Workers' Compensation Ins. Co.
Commissioners
—

Injury / body parts: legs, right arm, hand

LC §3600LC §3202LC §3202.5LC §6401.7LC §6401.9

Summary

Applicant Omar Maravilla, a farm laborer, was beaten and shot by Andy Pursley, the owner of a neighboring farm, at his workplace on May 3, 2019, after Pursley's daughter accused applicant of stealing an ATV. The WCJ found the injury arose out of and occurred in the course of employment (AOE/COE) because applicant's supervisor, Kuldip Atwal, assisted the assailant in locating applicant and actively helped attempt to restrain him during the attack. Defendant petitioned for reconsideration, arguing the assailant's motives were personal and the workplace merely provided a stage for the injury. The WCAB affirmed the WCJ's findings, holding that the supervisor's affirmative acts of leading the assailant to applicant and assisting in restraining him created sufficient work connection to establish industrial causation. The Board distinguished Transactron, where a manager tried to stop the assailant, from this case where the supervisor actively participated in the assault.

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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