Robert Ullrey — ADJ12672135

Applicant Robert Ullrey sought reconsideration of a WCJ's Findings of Fact and Order finding his September 12, 2019 spinal cord injury did not arise out of and occur in the course of employment (AOE/COE). While traveling for work in San Francisco during Fleet Week, applicant fell in an elevator after suffering a syncopal episode caused by non-industrial sick sinus syndrome and/or pacemaker-induced arrhythmia, striking his head and breaking his neck. The WCJ found the injury was caused by a non-occupational disease and thus barred under LaTourette v. WCAB (1998) 17 Cal.4th 644. The Board granted reconsideration, holding the WCJ erred by conflating the syncopal episode with the claimed injury; under Gideon, an injury from a fall (even one caused by an idiopathic condition) that results from contact with an object or surface is compensable. The Board rescinded the decision and remanded for the WCJ to develop the record and decide whether applicant was a commercial traveler engaged in an activity reasonably necessary for his sustenance and personal comfort.