Jesus Hernandez vs. Kern County Sheriff’s Department; Permissibly Self-insured, Aims

(BAK 0150863) In this case, Jesus Hernandez, a deputy sheriff, claimed that he sustained an industrial injury to his left knee in August 2005. The Kern County Sheriff's Department argued that the claim was barred by Labor Code section 3600(a)(10) and that the medical evidence was insufficient to support a finding of injury. The Workers' Compensation Appeals Board found that the employer had knowledge of the injury prior to the notice of termination or layoff, and thus the post-termination defense was defeated. The Board affirmed the WCJ's December 17, 2009 Findings and Award, and denied the petition for reconsideration.

Kern County Sheriff’s Department; Permissibly Self-Insured, AIMS Jesus Hernandez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESUS HERNANDEZ, Applicant,vs.KERN COUNTY SHERIFF’S DEPARTMENT; Permissibly Self-Insured, AIMS, Defendants.Case No. ADJ3358392 (BAK 0150863)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted defendant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the December 17, 2009 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a deputy sheriff in August 2005, sustained industrial injury to his left knee, but not to his left ankle or back; that Labor Code section 3600(a)(10)1 does not bar this claim; that applicant did not violate the reporting requirements; that there was no prejudice to defendant from the alleged failure to report the injury; and that applicant is in need of further medical treatment to cure or relieve from the effects of the industrial injury.            Defendant contended the WCJ erred in finding that applicant sustained an industrial injury, arguing that his claim is barred by section 3600(a)(10) and that the medical evidence is insufficient to support a finding of injury.            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). 1            All further statutory references are to the Labor Code. ,             For the reasons expressed by the WCJ in his Report, which we adopt and incorporate,2 and for the reasons discussed below, we will deny the petition for reconsideration.            Section 3600 establishes the conditions of compensability. Subdivision (a)(10) provides, in pertinent part, “Except for psychiatric in

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