Home/Case Law/JOSE LUIS CASTELLANOS vs. CACIQUE, INC.; TRAVELERS INSURANCE COMPANY
Regular DecisionReconsideration

JOSE LUIS CASTELLANOS vs. CACIQUE, INC.; TRAVELERS INSURANCE COMPANY

Filed: Jun 19, 2018
San Diego
ADJ10809651

CompFox AI Summary

This case involves an applicant's workers' compensation claim for multiple injuries sustained as a delivery driver. The defendant employer sought reconsideration of an award finding the claim compensable, arguing the post-termination defense applied and the denial was timely. The Appeals Board denied reconsideration, upholding the WCJ's findings. The Board determined the employer's denial was untimely under Labor Code section 5402(b), creating a presumption of compensability. Furthermore, the Board found the post-termination defense did not bar the claim as the applicant's date of injury, under section 5412, was after his termination.

Full Decision Text1 Pages

This case involves an applicant's workers' compensation claim for multiple injuries sustained as a delivery driver. The defendant employer sought reconsideration of an award finding the claim compensable, arguing the post-termination defense applied and the denial was timely. The Appeals Board denied reconsideration, upholding the WCJ's findings. The Board determined the employer's denial was untimely under Labor Code section 5402(b), creating a presumption of compensability. Furthermore, the Board found the post-termination defense did not bar the claim as the applicant's date of injury, under section 5412, was after his termination.

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JOSE LUIS CASTELLANOS vs. CACIQUE, INC.; TRAVELERS INSURANCE COMPANY (2018) – San Diego | CompFox