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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Mair-Headley v. County of Westchester

The petitioner, a correction officer, was terminated from her employment by the Westchester County Department of Corrections after being absent for over one year due to a nonoccupational injury, pursuant to Civil Service Law § 73. She challenged this determination through a CPLR article 78 proceeding, alleging denial of due process and violation of the Human Rights Law. The Supreme Court initially dismissed the due process claim and transferred the remaining issues to this Court. This Court confirmed the determination, finding that the petitioner received adequate pre-termination notice and a post-termination hearing, satisfying due process. Additionally, the Court concluded that the termination did not violate the Human Rights Law, as employers are not obligated to create new light-duty or permanent light-duty positions for accommodation.

Civil Service LawCPLR Article 78Due ProcessHuman Rights LawEmployment TerminationCorrection OfficerDisability AccommodationWestchester CountyAppellate ReviewPublic Employment
References
21
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. 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
1
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
1
Case No. ADJ7257085
Regular
Apr 13, 2012

RAMON MACIAS vs. SOUTHWIRE CORPORATION, OLD REPUBLIC RISK MANAGEMENT

This case concerns an applicant claiming back, hip, and ankle injury from May 1, 2009, who reported it during an exit interview on March 22, 2010, after receiving notice of termination. The Board denied reconsideration, affirming the trial judge's findings based on parties' stipulations that the injury was reported post-termination without notice to the employer beforehand. The Board found that Labor Code section 3600(a)(10) bars claims filed after notice of termination unless specific exceptions apply, and the applicant's reported injury date predates termination notice. The issue of potential exceptions under section 3600(a)(10) remains reserved for further proceedings.

Labor Code Section 3600(a)(10)Post-termination claimExit interviewActual notice of terminationStipulationsWCABReconsideration deniedPreponderance of evidenceExceptions to denialCompensable injury
References
6
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. 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. 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
0
Case No. ADJ11354041
Regular
Sep 16, 2019

SEVERIANA SALAZAR GALVAN vs. SPRINGHILL SUITES BY MARRIOTT LOS ANGELES LAX/MANHATTAN BEACH

The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior decision that barred the applicant's claim. The applicant alleged a cumulative industrial injury but filed after notice of termination. The Board found that an exception to the post-termination bar applied because the Labor Code Section 5412 date of injury was subsequent to the notice of termination. Consequently, the applicant's claim is not barred, and all other issues are deferred.

Labor Code § 3600(a)(10)Labor Code § 5412post-termination claimdate of injurycumulative injurydisabilityimpairment of earnings capacityratable permanent disabilityJ. T. ThorpInc. v. Workers' Comp. Appeals Bd. (Butler)
References
6
Case No. MISSING
Regular Panel Decision

Jacobsen v. New York State Department of Labor

Petitioner, a senior stenographer for the Department of Labor, was terminated after cumulative absences due to a work-related injury exceeded one year, pursuant to Civil Service Law § 71. The Department calculated absences including non-workdays. Petitioner challenged the calculation and argued improper termination due to lack of notice regarding the concurrent running of Family and Medical Leave Act (FMLA) leave. The court found respondent's method of calculating Civil Service Law § 71 leave rational. However, it determined that the Department of Labor failed to provide proper notice that petitioner's FMLA leave would run concurrently with her workers' compensation leave. Consequently, the court annulled the termination, granted the petition for reinstatement with back pay and benefits, and remitted the matter for further proceedings.

Workers' Compensation LeaveCivil Service LawFamily and Medical Leave Act (FMLA)Cumulative AbsencesTermination of EmploymentMedical DisabilityNotice RequirementsReinstatementBack Pay and BenefitsAdministrative Review
References
2
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