WCPanelIQ
PanelQMEGranted in Part

Juana Munoz — ADJ9756837

JUANA MUNOZ, Applicant vs. ARCHDIOCESE OF LOS ANGELES, permissibly self-insured, administered by YORK, Defendants

ADJ number
ADJ9756837
Decision date
Dec 20, 2022
District office
Los Angeles
WCJ
Kacey Joseph Keating
Claim administrator
York (administering for Archdiocese of Los Angeles, permissibly self-insured)
Commissioners
—

Injury / body parts: neck, arm, right shoulder, back, jaw, chest, face, stomach, psyche, stress, insomnia

LC §5313LC §3202LC §3202.5

Summary

Applicant Juana Munoz, a housekeeper at St. Stephen's Church employed by the Archdiocese of Los Angeles, was physically attacked on October 11, 2012 by Roberto, a fellow churchgoer who gained entry to the locked church after asking to see a priest, then attacked her while she was ironing. The WCJ found the injury arose out of and in the course of employment (AOE/COE), and defendant petitioned for reconsideration arguing the attack was purely personal (motivated by jealousy) and lacked a work nexus, and that the decision violated Labor Code section 5313. The Appeals Board, applying the Garedes standard for assault injuries, affirmed the WCJ's finding, concluding the attack had 'some work connection' because Roberto first sought a priest at applicant's workplace and only attacked her after being granted entry by her supervisor. The Board found defendant failed to rebut applicant's prima facie showing and resolved reasonable doubts in favor of compensability under Labor Code sections 3202 and 3202.5. However, the Board remanded the matter to the trial level for the WCJ to determine which body parts were injured in the attack.

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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