Home/Case Law/SANDY CASAS vs. NESTLE HOLDINGS, INC., ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.
Regular DecisionReconsideration

SANDY CASAS vs. NESTLE HOLDINGS, INC., ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Filed: Dec 22, 2016
Bakersfield
ADJ9219504

CompFox AI Summary

The Workers' Compensation Appeals Board affirmed the Administrative Judge's finding that applicant Sandy Casas sustained a left shoulder injury arising out of and in the course of employment. The Board found that Nestle Holdings, Inc. had notice of the injury prior to applicant's termination on October 14, 2013, based on applicant's report to HR on October 9, 2013, and the subsequent HR investigation. Therefore, the post-termination defense under Labor Code section 3600(a)(10) was not applicable. The Board also affirmed the WCJ's finding that the Agreed Medical Evaluator's report was based on substantial evidence.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board affirmed the Administrative Judge's finding that applicant Sandy Casas sustained a left shoulder injury arising out of and in the course of employment. The Board found that Nestle Holdings, Inc. had notice of the injury prior to applicant's termination on October 14, 2013, based on applicant's report to HR on October 9, 2013, and the subsequent HR investigation. Therefore, the post-termination defense under Labor Code section 3600(a)(10) was not applicable. The Board also affirmed the WCJ's finding that the Agreed Medical Evaluator's report was based on substantial evidence.

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.