Development Company
injury decided by appellate court
published appellate
court decision
decision from an
appellate court, even
publication. It still cites cases that
are certified and can be used.
until he was laid off. The
applicant's primary language was
Spanish, but he understood some
English.
see a doctor. He told the office
manager he fell and he was
uncertain she understood him. At
2:00 pm he was laid off by a Vice
President. He did not tell the
Vice President he had suffered an
injury. Later that afternoon he
went to the company physician.
The claim form was filled out
after the claimant had been laid
off. The applicant testified he
reported the injury timely.
(WCJ) found that the claim was
not compensable under Labor
Code section 3600 (a) (10). The
WCJ indicated that the applicant
failed to prove he notified the
employer prior to lay off.
Workers' Compensation Appeals
reconsideration. The applicant
appealed.
the WCJ by a preponderance of
evidence that he reported the
injury. The applicant then argued
Labor Code 5403 mandates that
the employer show prejudice in
order for 3600 (a) (10) to apply.
The appellate court disagreed
and indicated 5403 does not
apply to 3600 (A) (10). They
indicated that 5403 does not
apply to injury claims filed
subsequent to an employee's
notice of termination or layoff.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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