Home/Case Law/ISAI CHILEL vs. KISHO, INC. dba SUSHI CALIFORNIA, EMPLOYERS ASSURANCE COMPANY
Regular DecisionReconsideration

ISAI CHILEL vs. KISHO, INC. dba SUSHI CALIFORNIA, EMPLOYERS ASSURANCE COMPANY

Filed: Nov 25, 2019
Van Nuys
ADJ11399627

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn a finding that the applicant sustained a work-related injury and that it was not barred by the post-termination defense. The Board found that the defendant failed to meet its burden of proof to establish termination or layoff under Labor Code section 3600(a)(10). Evidence regarding the applicant's departure from employment was ambiguous, not clearly establishing a termination rather than a voluntary resignation.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn a finding that the applicant sustained a work-related injury and that it was not barred by the post-termination defense. The Board found that the defendant failed to meet its burden of proof to establish termination or layoff under Labor Code section 3600(a)(10). Evidence regarding the applicant's departure from employment was ambiguous, not clearly establishing a termination rather than a voluntary resignation.

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ISAI CHILEL vs. KISHO, INC. dba SUSHI CALIFORNIA, EMPLOYERS ASSURANCE COMPANY (2019) – Van Nuys | CompFox