Home/Case Law/JOSEPH DELLAFOSSE vs. WEBCOR BUILDERS, INC., ZURICH AMERICA INSURANCE COMPANY
Regular DecisionRegular Panel Decision

JOSEPH DELLAFOSSE vs. WEBCOR BUILDERS, INC., ZURICH AMERICA INSURANCE COMPANY

Filed: Jul 22, 2008
San Francisco
SFO 0487051

CompFox AI Summary

This case concerns whether Joseph Dellafosse's workers' compensation claim for injuries sustained on March 24, 2004, is barred by Labor Code section 3600(a)(10) as a post-termination claim. The Board denied reconsideration, upholding the WCJ's finding that the applicant failed to demonstrate by a preponderance of evidence that the employer had notice of the injury before layoff notice or that medical records pre-dated the layoff notice. A dissenting commissioner argued the employer failed to prove it was a post-termination claim first, and that the applicant's testimony regarding the sequence of injury notification and layoff notice was improperly discredited.

Full Decision Text1 Pages

This case concerns whether Joseph Dellafosse's workers' compensation claim for injuries sustained on March 24, 2004, is barred by Labor Code section 3600(a)(10) as a post-termination claim. The Board denied reconsideration, upholding the WCJ's finding that the applicant failed to demonstrate by a preponderance of evidence that the employer had notice of the injury before layoff notice or that medical records pre-dated the layoff notice. A dissenting commissioner argued the employer failed to prove it was a post-termination claim first, and that the applicant's testimony regarding the sequence of injury notification and layoff notice was improperly discredited.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.