WCPanelIQ
PanelGranted in Part

Tharpe, Justin

JUSTIN THARPE, Applicant vs. ARCATA FOREST PRODUCTS; ACE AMERICAN INSURANCE, Defendants

ADJ number
ADJ17462575
Decision date
Jan 28, 2024
District office
Eureka
WCJ
—
Claim administrator
Corvel (administering for Ace American Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: right ankle

LC §3600LC §3202.5

Summary

Applicant Justin Tharpe claimed a right ankle injury on January 30, 2023, that occurred during his uncompensated lunch break while visiting a friend on the non-adjacent Figas Construction property. The WCJ found the injury was not AOE/COE because it did not occur on the employer's premises, and ordered applicant take nothing. The WCAB granted reconsideration but only for the limited purpose of amending Finding of Fact number 1 to reflect a general-special employment relationship between Barrett Business Services (general employer handling payroll/tax/workers' comp) and Arcata Forest Products (special employer). On the merits, the Board affirmed that the Figas Construction property was a separate corporate entity not owned or controlled by Arcata Forest Products, so the premises line rule did not apply and the going-and-coming rule barred the claim.

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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