Zenith Insurance Co. v. Workers' Compensation Appeals Bd. CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Workers’ Compensation Claim At the time of his injury, Chan was an employee of the restaurant working as a prep cook. Chan’s coworkers included chef Ha Xu Huynh (Huynh)2, cashier and waiter Johnny Trieu (Trieu), and kitchen worker Kieu Luu (Luu). Chan and Huynh had worked together since approximately 2008. Trieu is the restaurant owner’s son. On September 15, 2020, Chan and Huynh were preparing dishes in the restaurant when they began to argue. The argument escalated. Huynh struck Chan in the right eye, causing a broken eye socket, among other injuries. Chan filed an application for workers’ compensation claim in October 2020. He alleged specific injuries to the eye and other body parts stemming from the workplace incident with Huynh. The restaurant and its insurance carrier, Zenith, filed an answer denying the allegations and asserting

2 Huynh is also referred to in the record as Ah Chuan.

3 affirmative defenses, including the “initial physical aggressor defense under” section 3600, subdivision (a)(7).3 (Capitalization omitted.) The matter proceeded to trial before the WCJ. The WCJ received evidence, including medical records documenting…