Bradford, Eiren

Applicant Eiren Bradford, a cashier, was attacked and beaten by an unknown assailant while taking an authorized break in front of her employer's store. Earlier that day, a coworker had taken a phone call from someone asking by name whether applicant worked there, and the coworker confirmed applicant was working that day. Although the parties had stipulated to injury AOE/COE to the left eye, back, and psyche, the matter proceeded to trial on the AOE/COE issue, and the WCJ found the injury did not arise out of employment because it stemmed from a personally motivated attack. On reconsideration, the WCAB rescinded the F&O, holding that because applicant was injured on the employer's premises while in the course of employment, and the employment (through the coworker's disclosure of her whereabouts) was a contributing cause, the injury arose out of employment regardless of the assailant's identity or motivation. The Board found injury AOE/COE to the left eye and deferred all other body parts and issues, returning the matter to the trial level.