Home/Case Law/Fernando Lopez Chang vs. JLS Environmental Services, ACE American Insurance Company, BARRETT BUSINESS BUREAU
Regular DecisionWorkers' Compensation

Fernando Lopez Chang vs. JLS Environmental Services, ACE American Insurance Company, BARRETT BUSINESS BUREAU

Filed: Jun 01, 2018
Sacramento
ADJ10148520

CompFox AI Summary

The Workers' Compensation Appeals Board affirmed a judge's decision that the applicant is barred from compensation for a right shoulder injury. The applicant failed to report the injury to his employer prior to his termination, which is a requirement under Labor Code section 3600(a)(10) for post-termination claims. The Board found insufficient evidence that the employer had notice of the injury before termination or that medical records predated termination with evidence of the injury. Therefore, the applicant did not meet any of the statutory exceptions to have his claim considered.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board affirmed a judge's decision that the applicant is barred from compensation for a right shoulder injury. The applicant failed to report the injury to his employer prior to his termination, which is a requirement under Labor Code section 3600(a)(10) for post-termination claims. The Board found insufficient evidence that the employer had notice of the injury before termination or that medical records predated termination with evidence of the injury. Therefore, the applicant did not meet any of the statutory exceptions to have his claim considered.

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Fernando Lopez Chang vs. JLS Environmental Services, ACE American Insurance Company, BARRETT BUSINESS BUREAU (2018) – Sacramento | CompFox