CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior finding that applicant sustained industrial injury. The defendant argued the claim was barred by Labor Code sections 3600(a)(10) and 3208.3(e) as it was filed post-termination without sufficient evidence of notice or existing medical records prior to termination. The Board found the parties failed to properly frame issues and present evidence, particularly regarding the applicant's claimed date of injury and the defendant's post-termination defense. Therefore, the case was returned to the trial level for further proceedings and a new decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior finding that applicant sustained industrial injury. The defendant argued the claim was barred by Labor Code sections 3600(a)(10) and 3208.3(e) as it was filed post-termination without sufficient evidence of notice or existing medical records prior to termination. The Board found the parties failed to properly frame issues and present evidence, particularly regarding the applicant's claimed date of injury and the defendant's post-termination defense. Therefore, the case was returned to the trial level for further proceedings and a new decision.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.