CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if the applicant's claim for industrial injury to his right shoulder and cervical spine is barred by Labor Code section 3600(a)(10). The initial finding of injury AOE/COE by the WCJ is supported by evidence, but the WCAB rescinded this decision to allow the parties to fully litigate the post-termination defense. The matter is returned to the trial level for the WCJ to hear evidence on whether the applicant's claim is barred or if any exceptions under section 3600(a)(10) apply. This ensures due process for both applicant and defendant regarding the application of the post-termination statute.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if the applicant's claim for industrial injury to his right shoulder and cervical spine is barred by Labor Code section 3600(a)(10). The initial finding of injury AOE/COE by the WCJ is supported by evidence, but the WCAB rescinded this decision to allow the parties to fully litigate the post-termination defense. The matter is returned to the trial level for the WCJ to hear evidence on whether the applicant's claim is barred or if any exceptions under section 3600(a)(10) apply. This ensures due process for both applicant and defendant regarding the application of the post-termination statute.
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