Medina, Habacuc

Applicant Habacuc Medina, a warehouse worker, claimed injury arising out of an altercation with his employer Tim Herron on November 16, 2021. Defendant asserted the affirmative defense under Labor Code section 3600(a)(7) that applicant was the initial physical aggressor. The WCJ found applicant not credible based on competing testimony, a disinterested witness statement, and surveillance video of a second altercation in which applicant chased and attacked Tim Herron, concluding applicant physically assaulted his boss in the initial altercation as well. The WCJ issued a take-nothing award. The WCAB denied reconsideration, adopting the WCJ's report (except one paragraph) and emphasizing that the WCJ's credibility determinations are entitled to great weight.