HI SHEAR CORPORATION; ZURICH NORTH AMERICA; GOLDEN STATE 101 FOODS; LIBERTY MUTUAL; SANTA BARBARA APPLIED RESEARCH YVETTE WHITMER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAYVETTE WHITMER,, Applicant,vs.HI SHEAR CORPORATION; ZURICHNORTH AMERICA; GOLDEN STATE101 FOODS; LIBERTY MUTUAL; SANTABARBARA APPLIED RESEARCH,, Defendant,DARRELL BURSTEIN, M.D., Party in interest.Case No. ADJ6736069ADJ6736155ADJ7147776OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the Findings of Fact issued by a workers’ compensationadministrative law judge (WCJ) on July 7, 2010, wherein the WCJ found that applicant sustainedcompensable industrial injuries to her back on May 1, 2008 and June 13, 2008, while employed as. a regional manager by Lisi Aerospace/Hi Shear, Zurich’s insured on the date of injury.Defe-dant contends that the alleged industrial ;njurie,. if they •en occurre, … pre not. compensable, arguing that they are post-termination claims barred pursuant to Labor Code section3600(a)(10).1 We have considered the petition for reconsideration and we have reviewed the record inthis matter. Applicant filed an answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. Based on our review of the record and for the reasons discussed below, we will grant, reconsideration and reverse the July 7, 2010 Findings of Fact, as we conclude that applicant’s& claims are non-compensable, post-termination claims pursuant to section 3600(a)(1 0). 1All further statutory references are to the Labor Code, unless otherwise noted. , FACTS As relevant here, applicant was employed by Hi Shear Corporation as a regional safetymanager for one year and three months before she was terminated on June 23, 2008. On January 16, 2009, she filed a claim form and subsequent application for adjudication of claim,alleging that, while employed as a regional manager by
Yvette Whitmer, vs. Hi Shear Corporation; Zurich north America; Golden State 101 Foods; Liberty Mutual; Santa barbara Applied Research
, ADJ6736155, ADJ7147776In this case, Yvette Whitmer, a former regional safety manager for Hi Shear Corporation, filed a claim for workers' compensation benefits for injuries she allegedly sustained while employed by the company. The Workers' Compensation Appeals Board granted reconsideration and reversed the July 7, 2010 Findings of Fact, concluding that Whitmer's claims were non-compensable post-termination claims pursuant to Labor Code section 3600(a)(10).
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6736069
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