Steven Field — ADJ8775554

Applicant Steven Field, a courier for uninsured employer POBA Logistics, claimed injury from a March 27, 2012 motor vehicle accident while working. The WCJ found applicant was POBA's employee but ruled he failed to prove the injury arose out of and occurred in the course of employment (AOE/COE), ordering him to take nothing. On reconsideration, the WCAB panel rescinded the Findings, holding that the WCJ applied a higher standard than required, improperly relied on the absence of evidence rather than affirmative proof, and failed to reconcile finding applicant credible on employment yet insufficient on AOE/COE. The panel found applicant's unrebutted testimony, supported by AME reports from Dr. Berman and Dr. Nudleman finding the injury industrial, met his preponderance burden. The matter was remanded for further development of the record on remaining issues including body parts and attorney fees.