What the panel ordered
Petition for Reconsideration granted; final decision deferred for further review of video evidence and merits of initial physical aggressor issue under Labor Code section 3600(a)(7).
Applicant seeks reconsideration of the Findings of Fact, Order issued on November 25, 2024 by a WCJ, which denied applicant's claim based on finding applicant was the initial physical aggressor in an altercation causing injury on July 6, 2023. The WCJ filed a Report and Recommendation on Petition for Reconsideration recommending denial. The Appeals Board grants reconsideration for further review of factual and legal issues based on evidence previously submitted, deferring final decision on merits.
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.
Reconsideration granted due to incomplete record and unavailability of key video evidence needed to assess applicant's conduct and credibility regarding initial physical aggressor status.
From the decision · page 1Applicant seeks reconsideration of the Findings of Fact, Order (F&O) issued on November 25, 2024 by a workers' compensation administrative law judge (WCJ). The WCJ ordered that applicant's claim for workers' compensation benefits be denied and that he take nothing on account of his claim because of his finding that applicant was the initial physical aggressor (Lab. Code, § 3600(a)(7)), in an altercation that caused the July 6, 2023 injury to his head.