Home/Case Law/ARTURO GUARDADO BARAJAS vs. VALMONT INDUSTRIES, ACE AMERICAN INSURANCE
Regular DecisionReconsideration

ARTURO GUARDADO BARAJAS vs. VALMONT INDUSTRIES, ACE AMERICAN INSURANCE

Filed: Aug 29, 2018
Van Nuys
ADJ10902181

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that Arturo Guardado Barajas' claim for a right shoulder injury on June 27, 2016, was not barred by the post-termination defense. The Board adopted the findings of the Administrative Law Judge (WCJ) who gave great weight to the applicant's credible testimony. The WCJ found that the employer had sufficient notice of the injury prior to termination, based on the applicant's phone message to his supervisor and his statement to HR. The defense's failure to produce phone records to rebut the applicant's testimony further supported this finding.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that Arturo Guardado Barajas' claim for a right shoulder injury on June 27, 2016, was not barred by the post-termination defense. The Board adopted the findings of the Administrative Law Judge (WCJ) who gave great weight to the applicant's credible testimony. The WCJ found that the employer had sufficient notice of the injury prior to termination, based on the applicant's phone message to his supervisor and his statement to HR. The defense's failure to produce phone records to rebut the applicant's testimony further supported this finding.

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ARTURO GUARDADO BARAJAS vs. VALMONT INDUSTRIES, ACE AMERICAN INSURANCE (2018) – Van Nuys | CompFox