when an applicant voluntarily
resigns from employment and then
claims a work related injury this
would be governed by Labor Code
section 3600 (a) (10). An appellate
court has indicated that this section
does not cover voluntary
resignations.
V. WCAB
(FONG)
undisputed. The applicant was a
truck driver. The applicant had a
motor vehicle accident in the course
and scope of his employment in
August 1996. He reported the
accident to the employer apparently
at that time. What the facts don't tell
us is if the applicant claimed any
injuries at that time. The facts do not
state the applicant was given a claim
form at the time of the accident.
to the plain meaning of the statute
itself. The appellate court reasoned
that the essence of the statute dealt
only with employer-initiated
separations of employment. Since
the statute did not have any references
to employee-initiated separations the
appellate court reasoned that
employee-initiated separations were
not meant to be part of this statute.
statute does not cover employees who
voluntarily resign. However, they did
add parenthetically that they express
no opinion on resignations which are
constructive firings. It is assumed they
are referring to the situation where the
employee is given the prerogative to
voluntarily resign before termination
proceedings are initiated.
employment in September 1996. The
applicant apparently filed an
application for adjudication of claim
in June of 1997. This was ten months
after the alleged injury and nine
months after he voluntarily quit his
job. This is the first time he alleged
injury to his back from the August
1996 injury.
(WCJ) did not find the applicant to be
a credible witness in regards to the
accident or the industrial nature of his
injuries. Obviously, the WCJ was
considering that the alleged back
injury was being claimed ten months
after the injury. The facts do not
disclose if the applicant ever saw a
physician for his alleged back injury
during those ten months. The WCJ
denied benefits solely on the basis of
3600 (a) (10). The WCJ relied on the
phrasing in the statute that says post
termination "including voluntary
layoff ". The WCJ believed that the
section did not only apply to employer
terminations or layoffs but also if the
employee voluntarily resigned. The
Workers' Compensation Appeals
Board did not agree with the WCJ.
The Board concluded that the statute
did not apply to voluntary
resignations.
Firm: SAMUELSEN, GONZALEZ,
VALENZUELA, AND SORKOW
Phone: 310 831-0872
Address: 350 West 5th Street # 105 San
Pedro CA 90731
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