There might be a coverage dispute, but the question is whether the activity that led to the injury was for the employer’s benefit or the employee’s. California’s workers’ compensation is pretty broad, so the WCAB would probably find that the injury is covered. The policy could be intended not to protect the employee from getting workers’ comp benefits, but rather to protect the company from being sued by the suspect if the security guard injures him. As with most legal questions, the answer is “it depends,” so I wouldn’t say he’d be foreclosed from workers’ comp benefits.
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