ADJ19392643 · January 30, 2026

The Appeals Board found that the WCJ erred in limiting the date of injury to August 15, 2019, and in the application of the post-termination bar under section 3600(a)(10), warranting reconsideration and further review.

From the decision · page 1Applicant seeks reconsideration of the Finding of Fact issued on October 23, 2025 by the workers' compensation administrative law judge (WCJ), which found that applicant sustained an injury arising out of and in the course of employment (AOE/COE) to his low back, neck, left shoulder, left hand, and left wrist with additional parts of body deferred and jurisdiction reserved with the WCAB; the Labor Code1 section 5412 date of injury is August 15, 2019; and compensation for applicant's injury is not barred by section 3600(a)(10).

The WCJ found only one date of injury under Labor Code section 5412 on August 15, 2019, limited to the low back.

Favours Defendant prevailed

This finding was challenged by the applicant and found to be an error by the Appeals Board, leading to granting reconsideration.

From the decision · page 1Applicant seeks reconsideration of the Finding of Fact issued on October 23, 2025 by the workers' compensation administrative law judge (WCJ), which found that applicant sustained an injury arising out of and in the course of employment (AOE/COE) to his low back, neck, left shoulder, left hand, and left wrist with additional parts of body deferred and jurisdiction reserved with the WCAB; the Labor Code1 section 5412 date of injury is August 15, 2019; and compensation for applicant's injury is not barred by section 3600(a)(10).

Applicant contended there should be a second date of injury ending in April 2024, the last day of injurious exposure.

Favours Applicant prevailed

This contention was accepted as a basis for granting reconsideration to further review the merits.

From the decision · page 1Applicant contends that the WCJ erred in finding only one section 5412 date of injury of August 15, 2019; that the WCJ should have found a second date of injury ending in April 2024, which was Applicant's last day of injurious exposure; and that the August 15, 2019 date of injury is limited to applicant's low spine.

Labor Code

Labor Code section 5412

Defines the date of injury for cumulative injury cases as the date the employee first suffered disability and knew or should have known it was caused by employment.

From the decision · page 4Code, § 3600(a)(10).) The initial burden in asserting a post-termination bar to compensation, an affirmative defense, rests with the defendant, who must establish that the claim for compensation was filed after a notice of termination or layoff, including voluntary layoff, and that the claim is for an injury occurring prior to the time of notice of termination or layoff. (Lab. Code, § 5705.) Defendant must meet this burden by preponderance of the evidence, and this requires "evidence that, when weighed with that opposed to it, has more convincing force and the greater probability of truth." (Lab. Code, § 3202.5) In this case, applicant claims a cumulative injury. Section 5412 sets the date of injury for cumulative injury and occupational disease cases, as "that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that such disability was caused by his present or prior employment." (Lab. Code, § 5412.)

Labor Code

Labor Code section 3600(a)(10)

Sets conditions under which compensation is barred post-termination unless certain criteria are met.

From the decision · page 4III. We highlight the following legal principles that may be relevant to our review of this matter: Section 3600(a)(10) states, that: Except for psychiatric injuries governed by subdivision (e) of Section 3208.3, where the claim for compensation is filed after notice of termination or layoff, including voluntary layoff, and the claim is for an injury occurring prior to the time of notice of termination or layoff, no compensation shall be paid unless the employee demonstrates by a preponderance of the evidence that one or more of the following conditions apply: (A) The employer has notice of the injury, as provided under Chapter 2 (commencing with Section 5400), prior to the notice of termination or layoff. (B) The employee's medical records, existing prior to the notice of termination or layoff, contain evidence of the injury. (C) The date of injury, as specified in Section 5411, is subsequent to the date of the notice of termination or layoff, but prior to the effective date of the termination or layoff. (D) The date of injury, as specified in Section 5412, is subsequent to the date of the notice of termination or layoff. (Lab.