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

Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ10014571
Regular
Oct 19, 2017

FERNANDO SANCHEZ vs. PACIFIC ALLOY CASTING COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied reconsideration of a prior award finding applicant sustained industrial injuries to his knees, spine, and upper extremities. The defendant argued the claim was barred by the post-termination defense under Labor Code §3600(a)(10). However, the Board found the applicant's brief absences for pain did not constitute "compensable disability" prior to termination, thus triggering an exception to the defense. Therefore, the applicant's date of injury was determined to be subsequent to termination notice, and the claim is not barred.

post-termination defenseLabor Code §3600(a)(10)date of injurysection 5412compensable disabilitytemporary disabilitypermanent disabilitycumulative traumaorthopedic panel QMEbilateral knees
References
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 Consequently, the Board rescinded the prior findings and returned the case for further proceedings to determine if the post-termination defense applies and, if so, whether applicant meets any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
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
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
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
Case No. ADJ9115073
Regular
Jul 21, 2014

JOSE CANALES vs. MURRAY COMPANY, OLD REPUBLIC GENERAL INSURANCE

This case involves Jose Canales, an applicant for workers' compensation, who claimed cumulative trauma injury to his neck, arms, and back from his work as a warehouseman/tool maintenance. The defendant, Murray Company, contested the claim, arguing insufficient medical evidence of industrial causation and a post-termination filing defense under Labor Code section 3600(a)(10). The Appeals Board affirmed the WCJ's decision, finding that Canales sustained an industrial injury and that his claim was not barred. The Board concluded that Canales first suffered disability on May 10, 2013, after his termination, when he was diagnosed with temporary total disability by his chiropractor. Therefore, the post-termination affirmative defense was inapplicable, and the petition for reconsideration was denied.

Cumulative trauma injuryLabor Code section 3600(a)(10)Post-termination defenseIndustrial causationSubstantial medical evidenceTreating chiropractorIndustrial nature of injuryDate of injuryCompensable consequenceTemporary disability
References
Case No. GOL 0100565
Regular
Oct 15, 2007

Felipe Quezada vs. EXCLUSIVE GERMAN AUTO REPAIR, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the original finding that his injury claim was barred by Labor Code section 3600(a)(10), the post-termination defense. Despite the applicant's argument that notice and termination were concurrent, the Board gave significant weight to the Workers' Compensation Judge's credibility assessment of the witnesses, who found the defense witnesses more credible. Therefore, the applicant will receive no compensation.

Felipe QuezadaExclusive German Auto RepairState Compensation Insurance FundLabor Code section 3600(a)(10)post-termination defenseconcurrent noticeterminationWCJcredibilitypetition for reconsideration
References
Case No. ADJ11332263
Regular
Jul 22, 2019

ERIKA MEDINA vs. THE BICYCLE CASINO, LP, GALLAGHER BASSETT SERVICES

This case involves an applicant alleging cumulative trauma injury to multiple body parts while employed by The Bicycle Casino. The trial judge found injury AOE/COE to several body parts, but the defendant sought reconsideration, arguing insufficient evidence and improper exclusion of a post-termination defense. The Appeals Board granted reconsideration, finding the medical record needed further development regarding causation, particularly with the QME. They also ruled that the WCJ acted within discretion by not permitting the post-termination defense to be raised at trial without prior proper notice.

AOE/COEPetition for ReconsiderationFindings of Fact and OrderWCJPost-termination defenseQMECredibility determinationSubstantial evidenceCumulative traumaMedical opinion
References
Case No. ADJ12248957
Regular
Oct 06, 2025

QUINTON THORN vs. FORBIX CAPITAL CORP.; EMPLOYERS COMPENSATION INSURANCE FUND; THE HARTFORD

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's finding that applicant Quinton Thorn's psychiatric claim was barred by a post-termination defense. The Board determined the WCJ incorrectly applied Labor Code Section 3600(a)(10) instead of Section 3208.3(e) for psychiatric injuries. Applicant alleged psychiatric injury from sexual harassment and discrimination based on gender identity during his employment with Forbix Capital Corp. The Board rescinded the WCJ's findings and remanded the case to the trial level, directing the WCJ to properly analyze the post-termination defense, the date of injury, and consider the good faith personnel action defense if raised.

Workers' Compensation Appeals BoardReconsiderationFindings of FactLabor Code Section 3600(a)(10)Labor Code Section 3208.2(c)Labor Code Section 3208.3(c)Labor Code Section 3208.3(e)Psychiatric InjuryPost-Termination DefenseGender Identity Discrimination
References
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