Grant Ellison — ADJ15229971

Fire captain/EMT Grant Ellison suffered serious side effects on February 6, 2021 after voluntarily obtaining the Moderna COVID-19 vaccine that his employer, the City of San Buenaventura, strongly encouraged but did not mandate. The WCJ found the injury arose out of and in the course of employment (AOE/COE), and the City sought reconsideration arguing that a voluntary vaccine that was not required cannot give rise to a compensable injury and that no special benefit to the employer was established. The WCAB denied reconsideration, adopting the WCJ's report, holding that the dual purpose rule and personal convenience doctrine both supported compensability because the employer strongly encouraged vaccination to avoid staffing shortages and the decision substantially benefited the employer. The Board concluded the vaccine injury was work-related.