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NORTHERN CALIFORNIA RECORD

Wednesday, May 15, 2024

3 Stonedeggs sues Workers’ Compensation Appeals Board for workers' compensation dispute

State Court
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The court case filed on April 23, 2024, is between 3 Stonedeggs, Inc. and others versus Workers’ Compensation Appeals Board and Braden Nanez in the Court of Appeal of the State of California, Third Appellate District (Placer), with the court case ID C098711.

The lawsuit revolves around a dispute over workers' compensation coverage for injuries sustained by Braden Nanez while he was off work at a remote fire base camp operated by his employer, 3 Stonedeggs, Inc. The plaintiff's lawyer argues that Nanez's actions were not reasonably expected by his employer and thus constituted a material departure from his employment. On the other hand, the Workers’ Compensation Appeals Board contends that Nanez’s travel was for comfort and leisure and was not a distinct departure from his employment.

The plaintiff, 3 Stonedeggs, Inc., along with Technology Insurance Company administered by Amtrust North America argue that the Board acted beyond its authority and that substantial evidence does not support its findings. They claim that Nanez left the camp without employer approval on a personal activity which they believe was not contemplated by them.

The plaintiff is seeking for judgment to rescind the findings of the administrative law judge who determined that under the commercial traveler rule, workers’ compensation coverage applied to injuries respondent Braden Nanez sustained in an auto accident while he was off work and away from his job at a remote fire base camp.

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