Vons, Permissibly Self-Insured Patricia Hernandez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICIA HERNANDEZ, Applicant,vs.VONS, Permissibly Self-Insured, Defendant.Case No. ADJ1597870 (BAK 0150812)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the June 16, 2011 Findings and Order of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred industrial injury “at least to the neck, back and left shoulder” while employed by defendant as a retail clerk on December 30, 2002, that the “statute of limitations does not bar this claim,” and that the “post-termination defense, Labor Code §3600(a)(10) does not bar this claim.”‘ The WCJ further ordered that “the issue of injury to 1 Further statutory references are to the Labor Code. Section 3600(a)(10) provides in full as follows: “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. (D) The date of injury, as specified in Section 5412, is subsequent to the date of the notice of termination or layoff. “For purposes of this paragraph, an employee provided notice
