CompFox AI Summary
In Casciano v. Kelly Services, Inc., the Workers' Compensation Appeals Board (WCAB) denied the employer's petition for reconsideration. The employer argued the applicant's back injury claim was a post-termination claim barred by Labor Code § 3600(a)(10). However, the WCAB found the exception under § 3600(a)(10)(B) applied. This exception is triggered when there is evidence of injury in pre-termination medical records, regardless of explicit industrial causation. The Kaweah Delta Emergency Room report showing the applicant sought treatment for back pain prior to termination satisfied this requirement. Therefore, the WCAB affirmed the finding that the applicant sustained an injury arising out of and in the course of employment.
Full Decision Text1 Pages
In Casciano v. Kelly Services, Inc., the Workers' Compensation Appeals Board (WCAB) denied the employer's petition for reconsideration. The employer argued the applicant's back injury claim was a post-termination claim barred by Labor Code § 3600(a)(10). However, the WCAB found the exception under § 3600(a)(10)(B) applied. This exception is triggered when there is evidence of injury in pre-termination medical records, regardless of explicit industrial causation. The Kaweah Delta Emergency Room report showing the applicant sought treatment for back pain prior to termination satisfied this requirement. Therefore, the WCAB affirmed the finding that the applicant sustained an injury arising out of and in the course of employment.
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