Martinez Castillo, Miguel Enrique

Applicant, a caregiver assigned to a patient's home for 10 years, was injured one to two minutes after clocking out when his patient lost his balance and fell on him while applicant was helping him to bed. The WCJ found the injury arose out of and in the course of employment (AOE/COE) to applicant's right leg, ribs, right knee, back, and right hip. Defendant petitioned to reopen the record to admit a post-trial unverified letter from the patient's cousin and to rebut applicant's testimony, alternatively arguing applicant left the employment relationship when he clocked out. The Board denied reconsideration, holding that defendant failed to show diligence to justify reopening and that being 'off the clock' is irrelevant where the employee was still performing a contemplated task on the assigned premises. The Board affirmed that the injury was compensable.