WCPanelIQ
PanelGranted

Timson, Gary

GARY TIMSON, Applicant vs. OXFORD SUITES; WCF NATIONAL INSURANCE COMPANY, Defendants

ADJ number
ADJ15117833
Decision date
Mar 8, 2023
District office
Van Nuys
WCJ
—
Claim administrator
WCF National Insurance Company
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: left ring finger, left middle finger, left pinkie finger, left hand

LC §3600LC §3202.5

Summary

Gary Timson, a maintenance technician, claimed industrial injury to his left fingers and hand on August 16, 2021, when he reached into a bathtub to grab a razor scraper, lost his footing, and placed his hand on a soap dish that shattered. The injury occurred after his shift ended while he was cleaning up a guest room and gathering his personal and company tools. The WCJ found applicant failed to prove AOE/COE and ordered him to take nothing. The Appeals Board granted reconsideration, holding that picking up work tools, even after the official workday, is a compensable activity reasonably contemplated by employment, and that violations of employer rules (e.g., against using personal tools) do not remove an injury from the course of employment under the no-fault foundation of workers' compensation law. The Board rescinded the F&O and returned the matter to the trial level for further proceedings.

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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