Mora, Gabriel

Gabriel Mora, a warehouse supervisor for Custom Fresh Cuts, was shot and killed by Eduardo Ortiz, a former co-worker turned independent contractor, on a public alley (Bay Street) immediately after leaving work on February 9, 2017. The WCJ found the dependents' death benefit claim barred by the going and coming rule and concluded the shooting was not connected to employment. The Appeals Board granted reconsideration and reversed, finding by a preponderance of evidence that Mora's death both arose out of and occurred in the course of employment. The Board reasoned that the law only requires 'some work connection,' which shifted the burden to defendant to prove a personal motive, a burden not met. Applying the Parks/Chairez special risk exception, the Board found Mora was exposed to a distinctive risk by reason of using the employer's parking lot/alley. The decision was rescinded, death found compensable, and the matter remanded to determine dependency benefits.