JUANA NEGRETE vs. SHURFLO; HAMPSHIRE INSURANCE COMPANY

In this case, Juana Negrete was an assembler for Shurflo and Hampshire Insurance Company who was laid off in August 2009. She filed a claim for workers' compensation benefits in April 2011, but the employer argued that the claim was barred by Labor Code Section 3600(a)(10) because it was filed after she was laid off. The Workers' Compensation Appeals Board granted reconsideration and found that Negrete had met her burden of proving that she reported her injury to the employer before being laid off, and that payment of compensation was not barred by section 3600(a)(10). The case was returned to the trial level for further proceedings on Negrete's claim.

SHURFLO; HAMPSHIRE INSURANCE COMPANY JUANA NEGRETE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUANA NEGRETE, Applicant,vs.SHURFLO; HAMPSHIRE INSURANCE COMPANY, Defendants.Case No. ADJ7775170(Santa Ana District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the May 8, 2012 Findings of Fact of the workers’ compensation administrative law judge (WCJ) who found that she “did not sustain injury arising out of and occurring in the course of employment to bilateral arms, bilateral elbows, and sleep problems” while employed by defendant as an assembler during the period from August 21, 2008 through August 21, 2009, and that she “failed to meet her burden of proof of employer knowledge/notice of injury or that his [sic] situation would meet the requirement of one of the exceptions/conditions” that would allow her to obtain workers’ compensation benefits notwithstanding the fact that her claim was filed after she was laid off and Labor Code Section 3600(a)(10) provides that no compensation shall be paid for a claim filed after an employee is laid off unless the employee demonstrates by a preponderance of the evidence that the employer has notice of the injury prior to the notice of layoff, or the employee’s medical records from before notice of layoff contain evidence of the injury.1/ / / 1 Further statutory references are to the Labor Code.. Section 3600(a)(10) provides in pertinent as follows:”[W]here 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 o

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