Authorities as the decision cited them, with how this panel applied each one.
South Coast Framing, Inc. v. Workers' Comp. Appeals Bd. (2015) 61 Cal.4th 291
Applicant bears the burden of proof to establish injury arose out of and in the course of employment under Labor Code section 3600.
The burden of proof was discussed in relation to the post-termination defense issue.
From the decision · page 3Applicant bears the burden of proof to establish that their injury arose out of and in the
course of employment pursuant to section 3600. (South Coast Framing, Inc. v. Workers' Comp.
Appeals Bd. (2015) 61 Cal.4th 291, 297 [80 Cal.Comp.Cases 489].) Whether an employee's injury
arose out of and in the course of his employment is a question of fact to be determined based on
the circumstances presented in each case. (Id. at p. 296.) Although the applicant bears the initial
burden, the determination of compensability "is to be liberally construed in favor of awarding
benefits." (Maher v. Workers' Comp. Appeals Bd. (1983) 33 Cal.3d 729, 732-733 [48
Cal.Comp.Cases 326], italics in the original, citing Lab. Code, § 3202.) Lien claimant stands in
Labor Code section 3600(a)(10)
Post-termination defense under Labor Code section 3600(a)(10) bars compensation for claims filed after termination for injuries occurring before termination unless exceptions apply.
The defense and its exceptions were analyzed in the decision.
From the decision · page 4(Lab. Code, § 3600(10), bold added.)2
Therefore, defendant held the initial burden to establish its "post-termination defense" to
Labor Code section 5412
Date of injury for cumulative trauma cases under Labor Code section 5412 is when employee first suffered disability and knew or should have known it was caused by employment.
The date of injury determination was central to the post-termination defense exception analysis.
From the decision · page 5Section 5412 states that "[t]he date of injury in cases of occupational diseases or cumulative
injuries is that date upon which the employee first suffered disability therefrom and either knew,
or in the exercise of reasonable diligence should have known, that such disability was caused by
his present or prior employment." (Lab. Code, § 5412.) Thus, determination of a section 5412
"date of injury" is a two-part analysis: 1) when did the employee first suffer a compensability
disability from a cumulative trauma injury; and, 2) when did the employee know, or in the exercise
of reasonable diligence should have known that the compensable disability was caused by his or
her employment. (See State Comp. Ins. Fund v. Workers' Comp. Appeals Bd. (Rodarte) (2004)
119 Cal.App.4th 998 [69 Cal.Comp.Cases 579].)