Chan Valenzuela, Francisco

Applicant Francisco Chan Valenzuela, a general laborer for ILink Business Management, sustained injury to his right ankle on October 19, 2021, when an electric pallet jack he was operating ran into a steel wall after he failed to remove his finger from the control button. The WCJ found the injury compensable, concluding applicant was performing job duties and not acting outside the scope of his employment. Defendant sought reconsideration, arguing applicant was engaged in 'horseplay' and that his non-credible testimony (conflicting versions about which pallet jack he used) should bar recovery under Labor Code section 3202. The Board granted reconsideration to amend the Findings of Fact so they conform to the correct AOE/COE compensability standard under section 3600 and to add a finding deferring all other issues, but otherwise affirmed the WCJ's decision adopting his Report. The Board concluded applicant met his burden of proving an industrial injury and that defendant failed to establish a horseplay defense or that applicant deviated from the course of employment.