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The Workers' Compensation Appeals Board (WCAB) rescinded the Administrative Law Judge's (ALJ) decision denying applicant Patricia Vera's claim. The ALJ had found that Vera did not sustain an injury arising out of and in the course of employment and that her claim was barred by the post-termination defense. The WCAB found that the ALJ failed to fully address the exceptions to the post-termination defense under Labor Code Section 3600(a)(10), specifically subsection (D) concerning the date of injury. Therefore, the case was returned to the trial level for further proceedings to determine if the post-termination defense applies and, if not, to address the issue of industrial causation.
PATRICIA VERA vs. BUMBLE BEE FOODS, ACE AMERICAN INSURANCE COMPANY, ESIS is a workers' compensation case decided in Santa Ana. 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 Santa Ana.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded the Administrative Law Judge's (ALJ) decision denying applicant Patricia Vera's claim. The ALJ had found that Vera did not sustain an injury arising out of and in the course of employment and that her claim was barred by the post-termination defense. The WCAB found that the ALJ failed to fully address the exceptions to the post-termination defense under Labor Code Section 3600(a)(10), specifically subsection (D) concerning the date of injury. Therefore, the case was returned to the trial level for further proceedings to determine if the post-termination defense applies and, if not, to address the issue of industrial causation.
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