CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded the prior decision and returned the case to the trial level for further proceedings. The WCAB found that the administrative law judge's (WCJ) decision, which barred the applicant's claim based on the post-termination defense under Labor Code section 3600(a)(10), was procedurally flawed and lacked sufficient analysis. Specifically, the WCAB determined that the applicant may qualify for an exception to the post-termination defense if her date of injury, defined by disability and knowledge of its work-related cause, occurred after her termination. This determination hinges on whether the applicant suffered disability and had the requisite knowledge post-termination, which requires further exploration.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded the prior decision and returned the case to the trial level for further proceedings. The WCAB found that the administrative law judge's (WCJ) decision, which barred the applicant's claim based on the post-termination defense under Labor Code section 3600(a)(10), was procedurally flawed and lacked sufficient analysis. Specifically, the WCAB determined that the applicant may qualify for an exception to the post-termination defense if her date of injury, defined by disability and knowledge of its work-related cause, occurred after her termination. This determination hinges on whether the applicant suffered disability and had the requisite knowledge post-termination, which requires further exploration.
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