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PanelDenied

Chavez, Christian

CHRISTIAN CHAVEZ, Applicant vs. JETBLUE AIRWAYS CORPORATION; STARR INDEMNITY AND LIABILITY COMPANY, administered by SEDGWICK, Defendants

ADJ number: ADJ18302905
Decision date: Apr 14, 2025
District office: Los Angeles
WCJ: —
Claim administrator: Sedgwick (administering for Starr Indemnity and Liability Company)
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

LC §5909LC §5900LC §3202LC §5952

Summary

Christian Chavez, a JetBlue ground operations worker at LAX, sustained injury on July 10, 2023 while stepping into his girlfriend's car waiting on World Way outside Terminal 5, four minutes after clocking out. The WCJ found the injury AOE/COE under the special risk exception to the going and coming rule. Defendant sought reconsideration, arguing applicant was not exposed to a risk distinctive or quantitatively greater than the public's, and that being picked up on the upper roadway was not his routine egress. The Board denied reconsideration, holding substantial evidence supported the finding that every method applicant used to reach his Terminal 5 worksite required traversing the congested World Way, exposing him to risks quantitatively greater than the sporadically-present public. The Board also addressed the timeliness of its action under amended Labor Code section 5909, finding it acted within 60 days of transmission.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.