CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior order, and returned the case for further proceedings. The Board found the applicant's date of injury, under Labor Code Section 5412, occurred after his termination notice. This finding established an exception to the post-termination defense under Labor Code Section 3600(a)(10)(D), allowing the claim to proceed. The applicant's inability to work, and thus disability, was determined to have manifested after his termination date.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior order, and returned the case for further proceedings. The Board found the applicant's date of injury, under Labor Code Section 5412, occurred after his termination notice. This finding established an exception to the post-termination defense under Labor Code Section 3600(a)(10)(D), allowing the claim to proceed. The applicant's inability to work, and thus disability, was determined to have manifested after his termination date.
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