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1st DCA Will Not Hear Employer's Appeal on Horseplay Defense

By Sherri Okamoto (Legal Reporter)

Monday, May 21, 2012 | 0

A California appellate court has declined review of an administrative decision ruling that an employer could not use the"horseplay" defense to a claim filed by a worker who was injured after being shoved, allegedly in jest, by a colleague.The case was Federal Express et al. v. WCAB, No.A135052.Robert Baeza, a driver for Federal Express, sustained an injury to his left eye, bilateral upper extremities, left hip and left knee last May.He claimed that he had just arrived for work when Jorge Coda came up beside him and bumped him. Baeza said he knew Coda was playing around, but he got "pissed off"...

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