BAYWOOD INTERIORS, INC.; STATE COMPENSATION INSURANCE FUND DARRIN LANNING WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADARRIN LANNING, Applicant,vs.BAYWOOD INTERIORS, INC.; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ7379899(Riverside District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant petitions for reconsideration of the July 24, 2012 Findings of Fact, in which the workers’ compensation administrative law judge (WCJ) found that applicant Darrin Lanning, while employed as a cabinetmaker on June 9, 2010, sustained an industrial injury to his lower back, left groin and right knee. The WCJ also found that the “issue of post termination defense [was] rendered moot” by the finding of industrial injury. Defendant contends that the WCJ erred in finding injury arising out of and in the course of employment (AOE/COE). Defendant also contends that applicant’s claim was barred by the post- termination defense, arguing that applicant did not file a claim until after he was laid off. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (“Report”). For the reasons set forth below, we will grant the Petition, rescind the July 24, 2012 Findings of Fact, and return the matter to the trial level for further proceedings and a new decision consistent with this opinion.BRIEF SUMMARY OF FACTS Trial was held on December 15, 2011, January 30, 2012, and April 24, 2012 on the issues of injury AOE/COE and defendant’s Labor Code section 3600(a)(10) post-termination defense.1 1 All further statutory references are to the Labor Code. , (December 15, 2011 A.M. Minutes of Hearing and Summary of Evidence (MOH/SOE) p. 2.) Applicant testified that he was working on June 9, 2010, moving wooden panels, when he felt a “pop” in his gr
DARRIN LANNING vs. BAYWOOD INTERIORS, INC.; STATE COMPENSATION INSURANCE FUND
This case is about Darrin Lanning, an employee of Baywood Interiors, Inc., who was injured while working on June 9, 2010. Lanning filed a workers' compensation claim after he was laid off, and the State Compensation Insurance Fund argued that the claim was barred by the post-termination defense. The Workers' Compensation Appeals Board granted the petition for reconsideration and rescinded the July 24, 2012 Findings of Fact, returning the matter to the trial level for further proceedings and a new decision. The WCJ must determine whether the post-termination defense applies and, if so, whether one of the exceptions applies.
- Filed On:
- Court: California, Riverside
- Case No. ADJ7379899
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