CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of a prior award finding applicant sustained industrial injuries to his knees, spine, and upper extremities. The defendant argued the claim was barred by the post-termination defense under Labor Code §3600(a)(10). However, the Board found the applicant's brief absences for pain did not constitute "compensable disability" prior to termination, thus triggering an exception to the defense. Therefore, the applicant's date of injury was determined to be subsequent to termination notice, and the claim is not barred.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of a prior award finding applicant sustained industrial injuries to his knees, spine, and upper extremities. The defendant argued the claim was barred by the post-termination defense under Labor Code §3600(a)(10). However, the Board found the applicant's brief absences for pain did not constitute "compensable disability" prior to termination, thus triggering an exception to the defense. Therefore, the applicant's date of injury was determined to be subsequent to termination notice, and the claim is not barred.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.