WCPanelIQ
PanelDenied

Donald Dacumos — ADJ14393426

DONALD DACUMOS (Deceased), Applicant vs. PETE’S HOME; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ14393426
Decision date
Oct 9, 2022
District office
Oakland
WCJ
Christopher Miller
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: death (fatal gunshot wounds)

LC §3600LC §3202LC §5905LC §5316

Summary

Donald Dacumos, an employee of Pete's Home (a residential care facility), was shot and killed at work by coworker Edward Go, who believed Dacumos was having an affair with Go's wife (also a coworker at related facilities). The WCJ found the death arose out of employment because all parties became acquainted through their work, Go and Dacumos were coworkers at Pete's Home with Go having key access, and Dacumos was performing his duties when killed. State Compensation Insurance Fund sought reconsideration, arguing the assault stemmed from a purely personal dispute unrelated to work. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report and Opinion, relying on Schick to conclude that personal animus does not vitiate compensability where employment was a proximate contributing cause of the assault.

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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