Gustavo Ritterstein — ADJ9532885

Applicant Gustavo Ritterstein, a maintenance worker on Bergitta Groth's marijuana farm (dba Fairy Forest Farm), was rendered quadriplegic when an ATV he was driving flipped backward on a bluff near the residence. Groth and the Uninsured Employers Benefits Trust Fund (UEBTF) sought reconsideration of a WCJ's Findings and Award that found employment, injury AOE/COE, an AWE of $1,933.88, need for further medical care, reimbursement of self-procured treatment, and section 5710 attorney's fees. The WCAB affirmed the finding of injury AOE/COE, rejecting arguments that applicant was joyriding and outside the scope of employment, finding only a minor, foreseeable deviation from his task of returning the ATV at a coworker's request. The Board, however, amended the F&A to defer the AWE issue and remanded for further development of the record because applicant's earnings from six prior employers/sources were not considered under Labor Code section 4453(c)(4). The Board also rejected Groth's due process claim that the WCJ acted as an advocate, finding the WCJ's questioning was proper fact-finding.