CompFox AI Summary
This case involves Jose Canales, an applicant for workers' compensation, who claimed cumulative trauma injury to his neck, arms, and back from his work as a warehouseman/tool maintenance. The defendant, Murray Company, contested the claim, arguing insufficient medical evidence of industrial causation and a post-termination filing defense under Labor Code section 3600(a)(10). The Appeals Board affirmed the WCJ's decision, finding that Canales sustained an industrial injury and that his claim was not barred. The Board concluded that Canales first suffered disability on May 10, 2013, after his termination, when he was diagnosed with temporary total disability by his chiropractor. Therefore, the post-termination affirmative defense was inapplicable, and the petition for reconsideration was denied.
Full Decision Text1 Pages
This case involves Jose Canales, an applicant for workers' compensation, who claimed cumulative trauma injury to his neck, arms, and back from his work as a warehouseman/tool maintenance. The defendant, Murray Company, contested the claim, arguing insufficient medical evidence of industrial causation and a post-termination filing defense under Labor Code section 3600(a)(10). The Appeals Board affirmed the WCJ's decision, finding that Canales sustained an industrial injury and that his claim was not barred. The Board concluded that Canales first suffered disability on May 10, 2013, after his termination, when he was diagnosed with temporary total disability by his chiropractor. Therefore, the post-termination affirmative defense was inapplicable, and the petition for reconsideration was denied.
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