Salazar, Hector

Hector Salazar, a security guard, claimed a continuous trauma psychiatric injury (Nov. 12, 2022–June 12, 2023) and a specific injury to his head and face from a June 12, 2023 altercation with co-worker John Gonzalez. The WCJ found defendant failed to prove the LC 3208.3(d) six-month employment bar (applicant worked roughly seven months) and failed to prove applicant was the initial physical aggressor under LC 3600(a)(7). Defendant sought reconsideration arguing the security video proved applicant was the initial aggressor and that applicant's and witness Fred Lorenzo's credibility was impeached. The Board adopted the WCJ's Report, gave great weight to the WCJ's credibility determinations under Garza, found the grainy, silent video did not establish initial aggressor status, and noted Gonzalez wielded keys laced through his fingers while threatening applicant. The Petition for Reconsideration was denied.