CompFox AI Summary
The Appeals Board granted reconsideration to address the defendant's contention that the WCJ erred by deeming the post-termination defense moot. The Board clarified that Labor Code section 3600(a)(10) provides a defense against claims filed after termination or layoff, and this issue is not moot if an industrial injury is found. Consequently, the Board rescinded the prior findings and returned the case for further proceedings to determine if the post-termination defense applies and, if so, whether applicant meets any exceptions. The merits of the original finding of industrial injury were not decided and are subject to a new ruling after the post-termination defense is resolved.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to address the defendant's contention that the WCJ erred by deeming the post-termination defense moot. The Board clarified that Labor Code section 3600(a)(10) provides a defense against claims filed after termination or layoff, and this issue is not moot if an industrial injury is found. Consequently, the Board rescinded the prior findings and returned the case for further proceedings to determine if the post-termination defense applies and, if so, whether applicant meets any exceptions. The merits of the original finding of industrial injury were not decided and are subject to a new ruling after the post-termination defense is resolved.
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