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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. 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. 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. 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. ADJ7532431
Regular
Jun 16, 2012

MARCO CABRERA vs. C.R. ENGLAND, INC., NEW HAMPSHIRE INSURANCE COMPANY

This case concerns Marco Cabrera's workers' compensation claim for injuries sustained as a truck driver. The WCJ initially denied the claim, finding it barred by Labor Code Section 3600(a)(10), which requires notice of injury before termination unless the employee proves otherwise. Cabrera appealed, arguing the bar did not apply, but the Appeals Board affirmed the WCJ's decision. The Board found Cabrera failed to provide credible pre-termination evidence of injury as required by law, and his testimony lacked consistency.

Workers' Compensation Appeals BoardReconsiderationLabor Code Section 3600(a)(10)Notice of InjuryPre-termination NoticePreponderance of EvidenceCredibility of WitnessWCJDeposition TestimonyTermination of Employment
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ3057068
Regular
Nov 01, 2010

Cecilio Torres vs. Holbrook Construction, Inc., Lincoln General Insurance Company, American Claims Management, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior decision, and returned the case for further proceedings. The applicant claimed a back and other injuries, alleging he notified his supervisor of the incident and subsequent pain before termination. The Board found the applicant met his burden to prove he provided sufficient notice of injury to his supervisor prior to termination, fulfilling the notice requirement of Labor Code section 3600(a)(10). Defendants failed to rebut the applicant's evidence that he reported the injury and requested medical treatment from his supervisor.

Workers' Compensation Appeals BoardReconsiderationLabor Code Section 3600(a)(10)Notice of InjuryTerminationPreponderance of EvidenceSupervisor NoticeActual NoticeEmployer KnowledgeWCJ Decision
References
Case No. ADJ8598430
Regular
Feb 03, 2014

URIEL CISNEROS vs. JONATHAN LOUIS INTERNATIONAL, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case concerns a workers' compensation claim for a specific back injury allegedly sustained on April 25, 2012, and a separate claim for cumulative injury. The Appeals Board granted reconsideration, reversing the lower judge's finding of a compensable specific injury. Compensation for the specific injury was barred by Labor Code section 3600(a)(10) because the claim was filed after the applicant's termination and he failed to prove any statutory exceptions applied. The Board found applicant's testimony regarding pre-termination notice to the employer lacked credibility and was contradicted by other evidence and his own admissions of untruthfulness.

Labor Code section 3600(a)(10)post-termination defensespecific injurycumulative injuryindustrial injuryworkers' compensationpetition for reconsiderationWCJAppeals Boardpreponderance of the evidence
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that his injury claims were filed after notice of termination. The Board agreed that the applicant's claims were barred under Labor Code sections 3600(a)(10) and 3208.3(e) as they were filed after notice of termination and no exceptions applied. The Board also determined that the defendant's denial letter encompassed both the specific and cumulative trauma claims, thus negating the presumption of compensability under Labor Code section 5402(b).

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJRalphs Grocery Companyindustrial injurypsycheheadright shoulderneck
References
Case No. SFO 0487051
Regular
Jul 22, 2008

JOSEPH DELLAFOSSE vs. WEBCOR BUILDERS, INC., ZURICH AMERICA INSURANCE COMPANY

This case concerns whether Joseph Dellafosse's workers' compensation claim for injuries sustained on March 24, 2004, is barred by Labor Code section 3600(a)(10) as a post-termination claim. The Board denied reconsideration, upholding the WCJ's finding that the applicant failed to demonstrate by a preponderance of evidence that the employer had notice of the injury before layoff notice or that medical records pre-dated the layoff notice. A dissenting commissioner argued the employer failed to prove it was a post-termination claim first, and that the applicant's testimony regarding the sequence of injury notification and layoff notice was improperly discredited.

Labor Code section 3600(a)(10)post-termination claimnotice of layoffnotice of injurypreponderance of evidenceaffirmative defenseAOE/COEcredibilityworkers' compensationWCJ
References
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