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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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. ADJ6736069 ADJ6736155 ADJ7147776
Regular
Jul 07, 2010

YVETTE WHITMER vs. HI SHEAR CORPORATION, ZURICH NORTH AMERICA, GOLDEN STATE FOODS, LIBERTY MUTUAL, SANTA BARBARA APPLIED RESEARCH

This case involves Yvette Whitmer's claims for back injuries allegedly sustained on May 1, 2008, and June 13, 2008. The defendant, Hi Shear Corporation, sought reconsideration of the initial findings, arguing the claims were non-compensable post-termination claims under Labor Code section 3600(a)(10). The Appeals Board granted reconsideration, finding that Whitmer failed to provide timely notice of her injuries to the employer prior to her termination on June 23, 2008. Consequently, her claims were barred, and she was awarded no benefits.

Labor Code section 3600(a)(10)post-termination claimscompensable industrial injuriesWCJreconsiderationFindings of Factregional managerZurich North AmericaLiberty Mutualarising out of and in the course of employment
References
Case No. ADJ6905551
Regular
May 24, 2010

Donald Laytham vs. SUTTER CENTER FOR PSYCHIATRY

This case concerns whether an industrial injury claim was barred as post-termination under Labor Code § 3600(a)(10). The applicant faxed a claim form on April 10, 2009, before receiving his termination notice on April 14, 2009, which was dated April 10, 2009, and mailed April 13, 2009. The Board affirmed the finding that the employer had sufficient notice of the injury prior to termination via the faxed claim form. Therefore, the claim was not barred as post-termination.

Workers' Compensation Appeals BoardReconsiderationFindings of FactIndustrial InjuryFacilities and Project CoordinatorClaim FormPost Termination ClaimLabor Code Section 3600(a)(10)Labor Code Section 5401(c)Labor Code Section 5402(a)
References
Case No. VNO 487026
Regular
Jul 08, 2008

Frank Lujan vs. CG MILLER INC., Republic Indemnity Company of California

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, affirming the disallowance of a $\$ 12,547.06$ lien for medical treatment expenses. This decision was based on the finding that the applicant did not sustain an injury arising out of and occurring in the course of employment, as the claim was filed after the applicant's termination and no exceptions under Labor Code section 3600(a)(10) were met. The employer lacked prior notice of the injury, and there was insufficient evidence of pre-termination medical records or an injury occurring after notice of termination.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderAdministrative Law JudgeIndustrial InjuryLow BackMover/PackerSelf-Procured Medical TreatmentLabor Code Section 3600(a)(10)
References
Case No. ADJ4014154 (ANA 0408143)
Regular
Jun 19, 2009

JUAN LOPEZ vs. LIBERTY GLASS FABRICATORS, INC., AMERICAN HOME ASSURANCE COMPANY

This case involves a worker claiming a back injury on October 1, 2007, but reporting it on October 5, 2007, the same day his employment was terminated. The employer contends the claim is barred under Labor Code section 3600(a)(10) as a post-termination claim, arguing the worker's notice of injury was not provided prior to termination. The Appeals Board granted reconsideration, reversed the initial award, and found the claim non-compensable, ruling the worker failed to provide timely notice of the injury before his termination. The Board emphasized the purpose of section 3600(a)(10) is to prevent spurious claims filed after termination.

Labor Code section 3600(a)(10)Post-termination claimReconsiderationFindings and AwardCompensable industrial injuryLaborerLiberty Glass FabricatorsAmerican Home Assurance CompanyWorkers' Compensation Appeals BoardWCJ Report and Recommendation
References
Case No. ADJ8394203
Regular
Oct 08, 2013

Anthony Miranda vs. Fresno Unified School District

The Workers' Compensation Appeals Board denied Anthony Miranda's Petition for Reconsideration, upholding the WCJ's decision that his injury claim was barred under Labor Code section 3600(a)(10). Miranda failed to prove any of the statutory exceptions, specifically that his employer had notice of the injury before his termination notice, that his pre-termination medical records documented the injury, or that the injury occurred after his termination notice. The Board found that Miranda admitted he did not report the injury until after his termination and that no medical evidence existed prior to his termination notice. Therefore, his claim for the May 9, 2012, bus accident injury was denied.

Labor Code 3600(a)(10)Petition for ReconsiderationDenial of ReconsiderationTimeliness of ClaimNotice of TerminationPre-Termination InjuryMedical RecordsSurveillance VideoIndustrial InjuryWorkers' Compensation Appeals Board
References
Case No. ADJ6736069 ADJ6736155
Regular
Dec 01, 2020

YVETTE WHITMER vs. HI SHEAR CORPORATION, ZURICH NORTH AMERICA, GOLDEN STATE FOODS, LIBERTY MUTUAL, SANTA BARBARA APPLIED RESEARCH

This case concerns applicant Yvette Whitmer's claim for workers' compensation benefits for back injuries allegedly sustained on May 1 and June 13, 2008. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of its prior decision, which reversed an administrative law judge's finding of compensability. The WCAB found applicant's claims barred by Labor Code section 3600(a)(10) because they were post-termination claims where the employer lacked prior notice of the injury. The applicant contended she provided notice of an injury on June 13, 2008, by reporting a motor vehicle accident, but the WCAB credited employer testimony that she was not late and did not report an injury until after her termination.

Workers' Compensation Appeals BoardReconsideration DeniedLabor Code Section 3600(a)(10)Post-Termination ClaimsCompensable Industrial InjuryNotice of InjuryPre-Termination NoticeMotor Vehicle AccidentAdministrative Law JudgeFindings of Fact
References
Case No. LAO 0869924
Regular
Jun 06, 2008

MIRNA SOSA vs. JESI-CARE, INC., STATE COMPENSATION INSURANCE FUND

The applicant's claim for workers' compensation was denied because the evidence did not support her claim of an industrial injury, and the claim was barred by the statute of limitations and post-termination claim rules. The Board found the applicant's testimony regarding reporting the injury to be not credible, citing contradictory medical evidence and employer testimony. Because the applicant did not report the alleged injury within one year of its occurrence, the statute of limitations was not tolled, and the claim also failed as a post-termination claim due to lack of employer notice or medical records indicating injury prior to termination.

Workers' Compensation Appeals Boardapplicant's claimstatute of limitationspost-termination claimcredible testimonyemployer noticemedical recordsdate of injuryindustrial injuryWCJ credibility determination
References
Case No. ADJ7542144
Regular
Sep 18, 2012

BERNARDO CORTES vs. VALLEY COLLISION CENTER, SOUTHERN INSURANCE CO.

This case involves a workers' compensation claim for a back injury allegedly sustained before termination. The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the administrative law judge's finding that the claim was barred by Labor Code section 3600(a)(10) as a post-termination claim. The applicant failed to demonstrate that the employer had notice of the injury prior to termination or that any other statutory exceptions applied. The Board distinguished this case from prior precedent, finding the facts inapposite.

posttermination claimLabor Code section 3600(a)(10)notice of terminationnotice of injurypreponderance of the evidenceprior medical recordsdate of injurysubsequent terminationbad faith personnel actionDover v. St. Paul Travelers
References
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