City of Los Angeles v. Workers' Compensation Appeals Board

INTRODUCTION

The City of Los Angeles (City) seeks a writ of review after the Workers’ Compensation Appeals Board (Board) denied its petition for reconsideration, thereby affirming the workers’ compensation administrative law judge’s (WCJ) decision finding respondent, Lucina M. DeLeon, entitled to death benefits because her husband’s death arose out of and in the course of employment.

The issue presented is whether decedent Jose B. DeLeon’s death occurred while he was engaged in an activity required by his employment. We hold it did not.

We reverse the Board’s decision and annul the Board’s order. We also deny City’s request for a stay of enforcement of the Board’s order that affirmed the WCJ’s decision awarding death benefits as it is now moot.

FACTUAL AND PROCEDURAL SUMMARY

Jose B. DeLeon died in Atlantic City, New Jersey, from injuries sustained in a fall on September 2, 2005. Jose had registered to attend a certified public accountant’s (CPA) convention hosted by the National Council of Philippine American Canadian Accountants over the Labor Day weekend plus one vacation day. While walking back to his hotel after having lunch with his wife, Lucina, his sister and…