What the panel ordered
Petition for reconsideration denied; March 23, 2021 Arbitrator's Findings and Order affirmed.
Petition for reconsideration filed April 12, 2021, after Arbitrator's Findings and Award issued March 23, 2021; Appeals Board granted reconsideration to study issues further and now issues decision after reconsideration.
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 Arbitrator found the applicant was the initial physical aggressor based on credible testimony, surveillance video, and police report, barring the claim under Labor Code 3600(a)(7).
From the decision · page 11The Arbitrator found the applicant was the initial physical aggressor and applicant's claim is barred by Labor Code § 3600(a)(7) and applicant did not sustain an injury arising out of and incurring the course of his employment because he was the initial physical aggressor.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant threw the first punch as shown by surveillance video and police report.