Home/Case Law/JOSE AMAYA vs. RIGO'S CUSTOM FURNITURE, INC., PUBLIC SERVICE MUTUAL INSURANCE COMPANY
Regular DecisionReconsideration

JOSE AMAYA vs. RIGO'S CUSTOM FURNITURE, INC., PUBLIC SERVICE MUTUAL INSURANCE COMPANY

Filed: Jul 17, 2013
Marina Del Rey
ADJ7970442

CompFox AI Summary

This case concerns applicant Jose Amaya's claim for workers' compensation benefits, alleging injury to his hernia, back, and extremities while employed as a carpenter. The defendant, Rigo's Custom Furniture, Inc., sought reconsideration of the administrative law judge's (WCJ) decision, primarily arguing the applicant failed to meet his burden of proof and that the claim was barred by the post-termination defense. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the WCJ's report. The WCAB found that even if the applicant was terminated on August 5, 2011, the post-termination defense would not apply because the concurrence of disability and knowledge occurred after that date, falling within a statutory exception.

Full Decision Text1 Pages

This case concerns applicant Jose Amaya's claim for workers' compensation benefits, alleging injury to his hernia, back, and extremities while employed as a carpenter. The defendant, Rigo's Custom Furniture, Inc., sought reconsideration of the administrative law judge's (WCJ) decision, primarily arguing the applicant failed to meet his burden of proof and that the claim was barred by the post-termination defense. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the WCJ's report. The WCAB found that even if the applicant was terminated on August 5, 2011, the post-termination defense would not apply because the concurrence of disability and knowledge occurred after that date, falling within a statutory exception.

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