VALLEY COLLISION CENTER; SOUTHERN INSURANCE CO. BERNARDO CORTES WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABERNARDO CORTES, Applicant,vs.VALLEY COLLISION CENTER; SOUTHERN INSURANCE CO., Defendants.Case No. ADJ7542144(San Bernardino District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Order of July 9, 2012, wherein it was found that applicant’s claim for an alleged September 14, 2010 industrial injury to his back while employed as a body repair worker was barred by the post- termination claim provisions codified in Labor Code section 36 00(a)(10). Applicant contends that the WCJ erred in finding that his claim was barred by the post- termination provisions codified in Labor Code section 3600(a)(10). We have received an Answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration. We will deny applicant’s Petition for Reconsideration. Labor Code section 3600(a)(10) states: “Except for psychiatric injuries governed by subdivision (e) of Section 3208.3, where the claim for compensation is filed after notice of termination or layoff, including voluntary layoff, and the claim is for an injury occurring prior to the time of notice of termination or layoff, no compensation shall be paid unless the employee demonstrates by a preponderance of the evidence that one or more of the following conditions apply: (A) The employer has notice of the injury, as provided under Chapter 2 (commencing with Section 5400), prior to the notice of termination or layoff. , (B) The employee’s medical records, existing prior to the notice of termination or layoff, contain evidence of the injury. (C) The date of injury, as specified in Section 5411, is subsequent to the date of the notice of termination or layoff, but prior to the effective date of the termination or layoff.
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