What the panel ordered
Petition for Reconsideration is DENIED.
Petition for Reconsideration filed by applicant was denied by the WCAB panel after review of the WCJ report, which was adopted and incorporated.
This docket was decided more than once. Shown here is the latest released decision; we also hold March 18, 2024.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Applicant did not prove employer had notice of injury prior to termination, which is required to overcome the post termination defense under Labor Code section 3600(a)(10).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant was terminated on December 9, 2016, and filed claim on February 7, 2018, after termination.
Favours Defendant prevailed
This timing triggers the post termination defense under Labor Code section 3600(a)(10).