CompFox AI Summary
This case concerns an employer's petition for reconsideration of a Workers' Compensation Appeals Board finding that the applicant sustained work-related injuries. The employer argued the post-termination defense applied because no pre-termination medical records existed. However, the Board denied reconsideration, finding the applicant met an exception to the defense. This exception, under Labor Code section 3600(a)(10)(D), applies when the date of injury, defined by disability and knowledge of employment causation, occurs after the termination date. The Board affirmed the applicant demonstrated this exception, making the lack of pre-termination medical records irrelevant.
Full Decision Text1 Pages
This case concerns an employer's petition for reconsideration of a Workers' Compensation Appeals Board finding that the applicant sustained work-related injuries. The employer argued the post-termination defense applied because no pre-termination medical records existed. However, the Board denied reconsideration, finding the applicant met an exception to the defense. This exception, under Labor Code section 3600(a)(10)(D), applies when the date of injury, defined by disability and knowledge of employment causation, occurs after the termination date. The Board affirmed the applicant demonstrated this exception, making the lack of pre-termination medical records irrelevant.
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