Jesus Hernandez, vs. Warner Bros. Studios., Permissibly Self-insured,

In this case, Warner Bros. Studios, a permissibly self-insured company, is being sued by Jesus Hernandez, an applicant, for workers' compensation. The Workers' Compensation Appeals Board found that Hernandez's claims of injury to his back and lower extremities, as well as his psyche and respiratory system, were not barred by the post-termination defense pursuant to Labor Code section 3600(a)(10). The Board granted reconsideration to clarify that the record should be further developed to determine if the injuries were industrially-caused. The Board affirmed the April 24, 2009 Joint Findings of Fact and Order, except that the findings of fact regarding ADJ4157903 were amended to clarify that compensability of Hernandez

WARNER BROS. STUDIOS., permissibly self-insured, JESUS HERNANDEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESUS HERNANDEZ, Applicant,vs.WARNER BROS. STUDIOS., permissibly self- insured, Defendant.Case No. ADJ4177198 (LAO 0848596)ADJ4157903 (LAO 0848595)ADJ2996723 (LAO 0841594)ADJ333588 (LAO 0848597)ADJ1564577 (LAO 0848598)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Joint Findings of Fact and Order of April 24, 2009, in relevant1 part of which the workers’ compensation judge (WCJ) found that applicant claims to have sustained industrial injuries while employed by defendant as a janitor: 1) to his back and lower extremities during a period’through January 9, 2004 (ADJ4177198); and 2) to his psyche and “internal” systems during a period through January 21, 2004 (ADJ4157903). The WCJ further found that applicant’s claims are not barred by the post-termination defense pursuant to Labor Code section 3600(a)(10)2 because evidence of the injuries is contained in applicant’s medical records existing prior to the notice of termination, but that the record requires further development as to whether those injuries were industrially-caused. The WCJ, thus, ordered the parties to develop the medical record.            Defendant contends that the WCJ erred in ordering the parties to develop the record and, instead, that she should have found that applicant’s claims are not compensable, arguing that compensability is barred pursuant to section 3600(a)(10) because they are post-termination claims.            Applicant did not file an answer to the petition for reconsideration./// 1The WCJ also made findings in the other cases herein, but they do not appear to be disputed.2All further statutory references are to the Labor Code. ,             The WCJ prepared a Report and Recommendation (Report) thoroughly addressing the petition for reconsideration and recommending that reconsideration be

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