What the panel ordered
Petition for Reconsideration denied; December 16, 2020 Findings and Order affirmed.
Petition for Reconsideration filed by defense counsel on 1/11/2021, reconsideration granted, and decision after reconsideration issued affirming the December 16, 2020 Findings and Order.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The court found that the applicant suffered a seizure at work causing a fall and injury to the left shoulder, relying on the California Supreme Court precedent in Gideon that an injury caused by an idiopathic condition occurring at work is compensable. The defendant's argument that a unique danger was required was rejected, and the burden of proof was met by the applicant.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant suffered a seizure at work on 8/31/2018 causing a fall and injury to her left shoulder.
Favours Applicant prevailed
This fact established the injury arose out of and in the course of employment, meeting compensability requirements.