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Janet Gill — ADJ13408105

JANET GILL, Applicant vs. COVENANT AVIATION SECURITY, LLC; ESIS, Defendants

ADJ number
ADJ13408105
Decision date
Sep 28, 2026
District office
San Jose District Office
WCJ
—
Claim administrator
ESIS
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: neck, back

LC §3600LC §3202.5LC §5705LC §5903LC §5952LC §4060LC §4061LC §4062.3LC §5709CCR §10517

Summary

Applicant Janet Gill, a security guard at San Francisco Airport, filed a claim stating a September 15, 2019 injury date when she fell from a chair injuring her back and neck. The WCJ found no AOE/COE injury on September 15, 2019 and ordered applicant take nothing. On reconsideration, the Board found that contemporaneous evidence—including applicant's same-day injury report, employee statement, and supervisor's accident report—all established the injury actually occurred on September 10, 2019, and the discrepancy was a mistake. The Board held that pleadings are liberally construed and amended to conform to proof, so the September 15 date error was immaterial. The Board rescinded the F&O, substituted a finding of injury AOE/COE on September 10, 2019, gave no weight to defendant's unauthenticated surveillance video, and returned the matter to the WCJ for further proceedings.

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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