Case No. ADJ7170225RegularOct 14, 2011
GLORIA RODRIGUEZ vs. NATIVE AMERICAN HEALTH CENTER, EVEREST NATIONAL INSURANCE COMPANY
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that Labor Code section 3600(a)(10) barred the applicant's claim as she was no longer an employee when injured. However, the Board found that an employee is considered to remain within the employment relationship for workers' compensation purposes for a reasonable time while leaving the employer's premises after termination. Therefore, the applicant's fall, which occurred on the employer's property after termination but while leaving, was covered by workers' compensation and not barred by section 3600(a)(10).
Labor Code section 3600(a)(10)post-termination defenseworkers' compensation coverageinjury arising out of employmentcourse of employmentemployee statusorderly terminationreasonable timeemployer premisesWCJ decision
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