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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ8312614, ADJ9055869
Regular
Sep 02, 2017

IMELDA TAPIA DE RODRIGUEZ vs. BIRRIERIA JALISCO, FARMERS INSURANCE, CYPRESS INSURANCE COMPANY

This case consolidates two workers' compensation claims filed by applicant Imelda Tapia De Rodriguez against Birrieria Jalisco. In one claim (ADJ9055869), the WCJ found a specific injury occurred but was barred by the post-termination defense; the Appeals Board affirmed this finding. In the other claim (ADJ8312614), the WCJ found no injury arose out of employment, which the Appeals Board also affirmed, relying on medical evidence and applicant's failure to properly cite record support in her petition. Applicant appealed, arguing the post-termination defense was inapplicable due to employer notice issues and that her credibility was wrongly assessed without proper interpreter use. A dissenting opinion argues that exceptions to the post-termination defense, specifically notice to the employer prior to termination and the date of injury occurring after termination, should have been applied, warranting reversal and further proceedings.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and OrdersPost-Termination DefenseLabor Code Section 3600(a)(10)Statute of LimitationsLabor Code Section 3550Notice of RightsQualified Medical EvaluatorSubstantial Evidence
References
10
Case No. ADJ7878491
Regular
Dec 22, 2015

JESUS MARTINEZ vs. TAWA SUPERMARKET, INC., SAFETY NATIONAL CASUALTY COMPANY, MATRIX ABSENCE MANAGEMENT, INC.

This case concerns whether a workers' compensation claim is barred by the post-termination defense under Labor Code section 3600(a)(10). The applicant alleged a lumbar spine injury, which the employer disputed, claiming the applicant failed to report it before termination. The Workers' Compensation Appeals Board affirmed the lower finding, determining the applicant timely reported the injury. This decision relied on the credibility of the applicant's testimony and employer interview notes that contradicted defense witnesses. Consequently, the Board found the claim was not barred by the post-termination defense.

WCABReconsiderationFindings Award OrderTemporary DisabilityPost-termination defenseLabor Code section 3600(a)(10)Notice of terminationInjury reportingCredibility of witnessesSubstantial evidence
References
5
Case No. ADJ2760698
Regular
Oct 14, 2011

BERTHA CHAN vs. CARL KARCHER ENTERPRISES, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a workers' compensation claim for psychiatric injury and related physical symptoms allegedly resulting from sexual harassment. The applicant claims her employer's post-termination defense is invalid because she did not have notice of termination before filing her claim and had sought medical treatment prior to termination. The Appeals Board granted reconsideration, rescinded the prior WCJ's decision, and returned the matter for further proceedings. The Board found that the applicant did not have the requisite knowledge of a potential industrial injury prior to termination for the post-termination defense to apply.

Workers' Compensation Appeals BoardLabor Code section 3208.3sexual harassmentcumulative traumapsychiatric injurypost-termination defenseDWC-1 Claim Formpanel QMEadjustment disordersubstantial evidence
References
8
Case No. ADJ10924076
Regular
Aug 28, 2018

PATRICIA VERA vs. BUMBLE BEE FOODS, ACE AMERICAN INSURANCE COMPANY, ESIS

The Workers' Compensation Appeals Board (WCAB) rescinded the Administrative Law Judge's (ALJ) decision denying applicant Patricia Vera's claim. The ALJ had found that Vera did not sustain an injury arising out of and in the course of employment and that her claim was barred by the post-termination defense. The WCAB found that the ALJ failed to fully address the exceptions to the post-termination defense under Labor Code Section 3600(a)(10), specifically subsection (D) concerning the date of injury. Therefore, the case was returned to the trial level for further proceedings to determine if the post-termination defense applies and, if not, to address the issue of industrial causation.

Workers Compensation Appeals BoardBumble Bee FoodsACE American Insurance CompanyESISPatricia VeraOpinion and Decision After ReconsiderationFindings and OrderWCJpost-termination defenseindustrial causation
References
5
Case No. ADJ962699 (STK 0204013)
Regular
Jun 08, 2009

RUTILIO MIRAMONTES vs. MONIER LIFETILE, AIG, GALLAGHER BASSETT SERVICES, INC.

This case involved Rutilio Miramontes' workers' compensation claim against Monier Lifetile, which was denied based on a post-termination defense under Labor Code section 3600(a)(10). The applicant's injury occurred before termination, and the defendants argued that the claim was invalid as it was filed after notice of termination. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, affirming the Workers' Compensation Judge's finding. The WCAB agreed that the applicant's medical records, which contained evidence of his condition prior to termination, satisfied an exception to the post-termination defense, thus allowing the claim.

Workers' Compensation Appeals BoardRUTILIO MIRAMONTESMONIER LIFETILEAIGGALLAGHER BASSETT SERVICESINC.ADJ962699STK 0204013ORDER DENYING RECONSIDERATIONWORKERS' COMPENSATION ADMINISTRATIVE LAW JUDGE
References
2
Case No. ADJ10268949
Regular
Nov 23, 2016

ELOY DELA TORRE FERNANDEZ vs. MERCHANT'S LANDSCAPE SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that barred the applicant's claim due to a post-termination filing defense. The applicant claimed exceptions to this defense, arguing he received pre-termination treatment and that his date of injury, under Labor Code § 5412, occurred after his termination. The WCAB found insufficient evidence to decide the pre-termination treatment exception and remanded the case to clarify the applicant's date of injury under § 5412, as this date's post-termination status would be an exception to the defense. The prior order was rescinded and the case returned for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLabor Code Section 3600(a)(10)Post-termination DefenseCumulative InjuryDate of InjurySection 5412Compensable DisabilityTrier of Fact
References
3
Case No. ADJ7379899
Regular
Nov 12, 2012

DARRIN LANNING vs. BAYWOOD INTERIORS, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the defendant's contention that the WCJ erred by deeming the post-termination defense moot. The Board clarified that Labor Code section 3600(a)(10) provides a defense against claims filed after termination or layoff, and this issue is not moot if an industrial injury is found. Consequently, the Board rescinded the prior findings and returned the case for further proceedings to determine if the post-termination defense applies and, if so, whether applicant meets any exceptions. The merits of the original finding of industrial injury were not decided and are subject to a new ruling after the post-termination defense is resolved.

AOE/COEpost-termination defenseLabor Code section 3600(a)(10)industrial injurycabinetmakerlower backleft groinright kneemootfindings of fact
References
0
Case No. ADJ10288379
Regular
Sep 13, 2017

XOCHITL CARRERA-MORALES vs. PRIORITY WORKFORCE, INC., ZURICH INSURANCE

This case involves a workers' compensation claim where the administrative law judge (WCJ) initially denied benefits based on the post-termination defense. The applicant argued that her date of injury, defined by significant disability and awareness of its industrial causation, occurred after her termination, thus triggering an exception to the defense. The Appeals Board found that the WCJ's decision lacked clarity regarding the basis for the injury determination and that the analysis of the post-termination defense was insufficient. Therefore, the Board rescinded the original decision and returned the case to the trial level for further proceedings to clarify the findings and address the post-termination defense.

Post-termination defenseSection 3600(a)(10)Date of injurySection 5412Continuous trauma injuryTemporary partial disabilityMedical evidenceSubstantial evidenceReconsiderationFindings and Orders
References
8
Case No. ADJ10809651
Regular
Jun 19, 2018

JOSE LUIS CASTELLANOS vs. CACIQUE, INC.; TRAVELERS INSURANCE COMPANY

This case involves an applicant's workers' compensation claim for multiple injuries sustained as a delivery driver. The defendant employer sought reconsideration of an award finding the claim compensable, arguing the post-termination defense applied and the denial was timely. The Appeals Board denied reconsideration, upholding the WCJ's findings. The Board determined the employer's denial was untimely under Labor Code section 5402(b), creating a presumption of compensability. Furthermore, the Board found the post-termination defense did not bar the claim as the applicant's date of injury, under section 5412, was after his termination.

Workers' Compensation Appeals BoardIndustrial InjuryDelivery DriverCervical SpineLumbar SpineThoracic SpineShouldersHandsWristsAnkles
References
15
Case No. ADJ4177198
Regular
Jul 09, 2009

JESUS HERNANDEZ vs. WARNER BROS. STUDIOS.

This case involves an applicant, Jesus Hernandez, who claims industrial injuries to his back, lower extremities, psyche, and respiratory system while employed by Warner Bros. Studios. The employer sought reconsideration of a prior order, arguing the claims were barred by the post-termination defense under Labor Code section 3600(a)(10). The Workers' Compensation Appeals Board granted reconsideration to clarify that the applicant's claimed respiratory system injury is not barred by the post-termination defense. The Board affirmed the prior order, finding that evidence of these injuries existed in pre-termination medical records.

Workers' Compensation Appeals BoardLabor Code section 3600(a)(10)post-termination defenseindustrial injuriesjanitorback injurylower extremitiespsyche injuryrespiratory system injuryinternal systems
References
0
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