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Abraham Alex — ADJ11034618

ABRAHAM ALEX, Applicant vs. ALL NATION SECURITY SERVICES, INC.; ZENITH INSURANCE COMPANY, Defendants

ADJ number
ADJ11034618
Decision date
May 19, 2021
District office
Sacramento
WCJ
Ariel Aldrich
Claim administrator
Zenith Insurance Company
Commissioners
—

Injury / body parts: head, brain

LC §3351LC §5705LC §3600LC §4551LC §3202.5

Summary

Applicant, a 65-year-old security guard for All Nation Security Services at a Greyhound bus terminal, sustained a head injury (traumatic brain injury/intracranial hemorrhage) on August 24, 2017, after a disruptive homeless person he had asked to leave struck him and he fell on the concrete while chasing/attempting to apprehend the individual outside the station. Defendant disputed AOE/COE, arguing applicant's conduct constituted a material deviation from his employment because he violated employer policies prohibiting chasing, restraining, or subduing individuals. The WCJ found the injury compensable, reasoning that performing a duty in an unauthorized manner or violating employer rules does not remove an employee from the course of employment. The WCAB denied reconsideration, adopting the WCJ's report and finding that exiting the station to chase the disruptive individual did not constitute a deviation taking applicant outside the course of his employment. The Board gave great weight to the WCJ's credibility determinations under Garza.

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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