CompFox AI Summary
In this workers' compensation case, the Board affirmed the WCJ's finding that applicant sustained an industrial knee injury and that the claim was not barred as a post-termination claim. The employer argued the claim was invalid because the applicant didn't report the injury before termination and the employer lacked notice. However, the Board found sufficient notice was given when a manager observed the applicant limping shortly before termination, coupled with the applicant's subsequent email reporting the injury. The Board also found no due process violation due to an ex parte communication, as the WCJ properly handled the communication by serving it on all parties.
Full Decision Text1 Pages
In this workers' compensation case, the Board affirmed the WCJ's finding that applicant sustained an industrial knee injury and that the claim was not barred as a post-termination claim. The employer argued the claim was invalid because the applicant didn't report the injury before termination and the employer lacked notice. However, the Board found sufficient notice was given when a manager observed the applicant limping shortly before termination, coupled with the applicant's subsequent email reporting the injury. The Board also found no due process violation due to an ex parte communication, as the WCJ properly handled the communication by serving it on all parties.
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