Sanchez De Arguello, Guadalupe

Guadalupe Sanchez de Arguello, a plasterer for Kenyon Plastering of Southern California, was injured on March 21, 2022 during her uncompensated lunch break at The Hub construction site when she stood up, stepped backward onto rocks and a hose, twisted her right foot, and fractured her right tibia and fibula. She had eaten lunch on a curb about six to seven car lengths from the garages where she worked, in an area her employer permitted for lunch. The WCJ found the injury arose out of and in the course of employment under Labor Code section 3600, applying the personal comfort doctrine and rejecting defendant's argument that the employer's premises were limited to the exact garages where she worked. The WCAB adopted and incorporated the WCJ's report and denied defendant's Petition for Reconsideration.