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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. 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. 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. 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. ADJ10148520
Regular
Jun 01, 2018

Fernando Lopez Chang vs. JLS Environmental Services, ACE American Insurance Company, BARRETT BUSINESS BUREAU

The Workers' Compensation Appeals Board affirmed a judge's decision that the applicant is barred from compensation for a right shoulder injury. The applicant failed to report the injury to his employer prior to his termination, which is a requirement under Labor Code section 3600(a)(10) for post-termination claims. The Board found insufficient evidence that the employer had notice of the injury before termination or that medical records predated termination with evidence of the injury. Therefore, the applicant did not meet any of the statutory exceptions to have his claim considered.

Workers' Compensation Appeals BoardLabor Code section 3600(a)(10)industrial injuryplastererright shoulder injuryreporting injuryterminationpost-termination claimpreponderance of evidenceemployer notice
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. ADJ9313922
Regular
Apr 29, 2015

CLIFFORD REYNOLDS vs. GOODWILL INDUSTRIES, TRISTAR RISK MANAGEMENT

The applicant, Clifford Reynolds, sought reconsideration of a Workers' Compensation Appeals Board decision that barred his back injury claim as a post-termination issue. The Board granted reconsideration, finding that his back injury claim is not barred under Labor Code section 3600(a)(10). This is because pre-termination medical records contained evidence of the injury, fulfilling an exception to the post-termination defense. The Board amended the findings to reflect that the applicant's neck, back, and left shoulder injuries are not barred.

Labor Code Section 3600(a)(10)Post-termination claimCumulative trauma injuryDate of injuryMedical recordsNotice of terminationIndustrial causationWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact
References
Case No. ADJ7722205
Regular
Mar 25, 2013

RAMON MORA vs. ATHENS SERVICES, ARCH INSURANCE, SEDGWICK CMS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board upheld the finding that the applicant sustained an industrial injury to his left shoulder, back, and psyche on October 18, 2010. The Board deferred to the judge's credibility assessment, finding the applicant credible despite the defendant's arguments regarding post-termination claim defenses. One Commissioner dissented, arguing the injury was barred as post-termination due to a lack of employer notice or medical records prior to termination.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardIndustrial InjuryPost-termination DefenseWCJ CredibilityLabor Code Section 3600(a)(10)Preponderance of the EvidenceNotice of TerminationMedical Records
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
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