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PanelGranted

Luis Pena Garcia — ADJ18887529

LUIS PENA GARCIA, Applicant vs. AT ELECTRIC COMPANY; SECURITY NATIONAL INSURANCE COMPANY, administered by AMTRUST NORTH AMERICA, Defendants

ADJ number: ADJ18887529
Decision date: Jun 4, 2026
District office: Van Nuys
WCJ: —
Claim administrator: AmTrust North America (administering for Security National Insurance Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: right knee, shin, ankle, foot, leg

LC §5909LC §5900LC §5708LC §5502LC §3600LC §5903LC §5952LC §5313LC §5701LC §5906CCR §10670CCR §10566CCR §10787

Summary

Applicant Luis Pena Garcia sought reconsideration of a WCJ's F&O finding he failed to prove an AOE/COE injury sustained while playing soccer at his worksite, and excluding rebuttal/impeachment evidence (text messages and digital timekeeping records) because they were not listed on the PTCS or uploaded into EAMS. The WCAB granted reconsideration, holding the WCJ denied applicant a fair hearing by refusing to permit introduction of rebuttal evidence to impeach defense witnesses whose testimony could not have been anticipated since they were never deposed. The Board further found the WCJ failed to consider the applicable personal comfort doctrine, which is triggered by the facts. The Board rescinded the F&O and returned the matter to the trial level to develop the record, including full cross-examination of the two defense witnesses, admission of impeachment evidence, and discovery of defendant's digital timekeeping records.

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.

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.