CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded a prior award finding applicant Ramiro Hernandez sustained a mid-back injury AOE/COE. The WCAB determined the claim was barred by Labor Code section 3600(a)(10) because the injury claim was filed after notice of termination. Applicant failed to demonstrate any exceptions to this rule, particularly by a preponderance of the evidence, due to inconsistent and controverted testimony regarding the injury's occurrence and reporting. Consequently, the WCAB found the applicant not credible and his claim barred.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded a prior award finding applicant Ramiro Hernandez sustained a mid-back injury AOE/COE. The WCAB determined the claim was barred by Labor Code section 3600(a)(10) because the injury claim was filed after notice of termination. Applicant failed to demonstrate any exceptions to this rule, particularly by a preponderance of the evidence, due to inconsistent and controverted testimony regarding the injury's occurrence and reporting. Consequently, the WCAB found the applicant not credible and his claim barred.
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