Jorge Escalante vs. Cintas Corporation; Excel Specialty Insurance, Administered By Xchanging,

This case is about Jorge Escalante, a former employee of Cintas Corporation, who filed a workers' compensation claim for an injury to his right shoulder and cervical spine. The defendant argued that the claim was barred by Labor Code section 3600(a)(10) because it was filed after termination. The Workers' Compensation Appeals Board granted reconsideration, rescinded the decision, and returned the matter to the trial level for the WCJ to determine if the claim was barred by section 3600(a)(10).

Cintas Corporation; Excel Specialty Insurance, Administered By Xchanging, Jorge Escalante  WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJORGE ESCALANTE,Applicant, vs. CINTAS CORPORATION; EXCELSPECIALTY INSURANCE, Administered By XCHANGING,Defendant,Case No. ADJ6910802OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the Findings of Fact and Award issued by a workers’compensation administrative law judge (WCJ) on May 5, 2010, wherein the WCJ found that I applicant, while employed as a route salesperson from June 3, 2008 through June 3, 2009, sustained industrial injury to his right shoulder and cervical spine. In the Opinion on Decision, the WCJ found that the affirmative defense of post termination filing had not been raised, and that, inessence, defendant had waived it.  Defendant contends the WCJ erred in finding injury arising out of and in the course of theemployment (AOEICOE), arguing that applicant’s claim was barred by Labor Code section3600(a)(10)i because it raised the post-termination defense when it raised the issue of injury AOE/COE. Defendant also contends that the uncontested facts in the case justify .a finding that applicant’s claim is barred by section 3600(a)(10). Defendant also requests that a trial transcript beprepared.  We have considered the petition for reconsideration and we have reviewed the record inthis matter. No answer was received. The WCJ has filed a Report and Recommendation onPetition for Reconsideration (Report), recommending that the petition be denied. 1Unless otherwise stated, all further statutory references are to the Labor Code. ,  Based on our review of the record and for the reasons discussed below, we will grantreconsideration, rescind the WCJ’s May 5, 2010 decision, and return the matter to the trial level for the WCJ to determine the whether applicant’s claim is barred by section 3600(a)(10). FACTS As relevant here, applicant worked for Cintas Corporati

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