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The Appeals Board granted reconsideration, reversing the WCJ's finding that the applicant's claim was not barred by Labor Code section 3600(a)(10). The Board found that the applicant failed to prove by a preponderance of the evidence that her employer had notice of her alleged shoulder injury prior to her termination, or that medical records existed showing the injury before termination. This failure, coupled with the applicant's inconsistent testimony and lack of corroborating evidence, meant her claim was barred as a post-termination injury. Consequently, the Board substituted its own findings, deeming the claim barred under section 3600(a)(10).
MARIA GARCIA vs. TRIBUNE COMPANY dba CALIFORNIA COMMUNITY NEWS, ZURICH AMERICAN INSURANCE c/o GALLAGHER BASSETT is a workers' compensation case decided in Los Angeles. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Los Angeles.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, reversing the WCJ's finding that the applicant's claim was not barred by Labor Code section 3600(a)(10). The Board found that the applicant failed to prove by a preponderance of the evidence that her employer had notice of her alleged shoulder injury prior to her termination, or that medical records existed showing the injury before termination. This failure, coupled with the applicant's inconsistent testimony and lack of corroborating evidence, meant her claim was barred as a post-termination injury. Consequently, the Board substituted its own findings, deeming the claim barred under section 3600(a)(10).
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