What the panel ordered
The Workers' Compensation Appeals Board denies the Petition for Reconsideration, upholding the WCJ's findings that applicant met the burden of establishing injury arising out of and in the course of employment, and that the post-termination filing defense under Labor Code section 3208.3(e) does not bar compensation due to applicable exceptions.
Defendant County of Kern seeks reconsideration of the December 28, 2021 Rulings on Evidence, Findings of Fact, Awards & Order (F&A) regarding injury arising out of and in the course of employment and post-termination filing defense under Labor Code section 3208.3(e). The WCJ prepared a Report and Recommendation on Petition for Reconsideration recommending denial of the petition.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ found that applicant met the burden of establishing injury AOE/COE based on credible testimony and expert medical opinion from Dr. Azadeh Rahimi, who found industrial injury and predominance. The WCJ also found that the post-termination filing defense did not bar compensation due to applicable exceptions under Labor Code section 3208.3(e).
From the decision · page 2Applicant claimed injury to the psyche and left shoulder while employed as a human services technician by defendant County of Kern on February 7, 2018. Applicant alleged injury as the result of a supervisor grabbing his arm and escorting applicant back to his work area. (October 8, 2021 Minutes of Hearing and Summary of Evidence (Minutes), at 5:4.) Defendant denied injury as not arising out of and in the course of employment (AOE/COE), and because the claim was filed on September 26, 2018, after notice of termination on August 28, 2018.