Sarian, Kevin

Applicant Kevin Sarian, a salaried senior library supervisor for the City of Glendale, fell and was injured after leaving a restaurant where he met a fellow supervisor, Thomas Eiden, during a meal break to discuss shared personnel issues involving three employees. The WCJ found the injury arose out of and in the course of employment (AOE/COE), and defendant sought reconsideration arguing applicant provided no benefit to the employer at the time of injury. The WCAB granted reconsideration but affirmed the F&O, amending Finding 2 to clarify that applicant was providing a benefit to his employer under Labor Code section 3600(a)(2). Relying on McFadden v. WCAB, the Board concluded the discussion of work-related personnel matters between co-supervisors conferred a benefit on the employer regardless of the public setting. The Board rejected defendant's argument that an alleged policy violation (discussing personnel matters in public) removed applicant from the course of employment, finding no actual written policy and no demonstrable harm. The Board also gave great weight to the WCJ's credibility determinations.