Home/Case Law/GILBERTO GONZALEZ vs. TAPIA ENTERPRISES, TECHNOLOGY INSURANCE COMPANY, SEDGWICK CMS, INC.
Regular DecisionReconsideration

GILBERTO GONZALEZ vs. TAPIA ENTERPRISES, TECHNOLOGY INSURANCE COMPANY, SEDGWICK CMS, INC.

Filed: May 23, 2017
Van Nuys
ADJ10125274

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's post-termination defense under Labor Code § 3600(a)(10). The Board found the original Findings of Fact lacked clarity regarding whether exceptions to this defense were met. Specifically, it was unclear if the applicant's knowledge of the industrial nature of his injuries or the employer's notice of injury prior to termination was sufficiently established. Therefore, the matter was returned to the trial level for further proceedings to clarify these issues.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's post-termination defense under Labor Code § 3600(a)(10). The Board found the original Findings of Fact lacked clarity regarding whether exceptions to this defense were met. Specifically, it was unclear if the applicant's knowledge of the industrial nature of his injuries or the employer's notice of injury prior to termination was sufficiently established. Therefore, the matter was returned to the trial level for further proceedings to clarify these issues.

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