Applicant's claim was filed after notice of layoff on July 22, 2022, and the injury occurred prior to layoff.
Favours Defendant prevailed
Establishes initial burden for post-termination bar under Labor Code section 3600(a)(10).
From the decision · page 2The initial burden in asserting a post-termination bar to compensation rests with the
defendant, who must establish that the claim for compensation was filed after a notice of
termination or layoff, including voluntary layoff, and that the claim is for an injury occurring prior
to the time of notice of termination or layoff. Here, applicant alleges a specific injury occurring on
July 11, 2022. (Minutes of Hearing and Summary of Evidence, dated July 11, 2023, at p. 2:8.)
Applicant further testified he was laid off the same month as the injury, and the employee
separation form in evidence reflects a layoff date of July 22, 2022. (Ex. A, Employee Separation
Form, dated July 22, 2022.) Applicant's DWC-1 claim is dated August 20, 2022, and was filed in
the Electronic Adjudication Management System (EAMS) on September 7, 2022. Thus, defendant
has established that there was an actual layoff, and that applicant's claim for a specific injury was
filed after notice of termination or layoff.
Favours Defendant prevailed
Supports finding that applicant did not report injury to employer prior to layoff, failing to meet exception under Labor Code section 3600(a)(10)(A).
No medical records or other evidence established injury notice prior to layoff or other exceptions under Labor Code section 3600(a)(10).
Favours Defendant prevailed
Applicant failed to meet burden of proving any exception to post-termination bar.
From the decision · page 3We have also considered whether any of the other exceptions available under
3600(a)(10)(A)-(D) would be applicable herein. As is discussed above, the record does not
establish that the claimed injury was reported to the employer prior to the notice of termination or
layoff (subsection (a)(10)(A). In addition, there is no evidence of medical records existing prior to
notice of termination or layoff containing evidence of the injury (subsection (a) (10)(B)).
Applicant's claimed specific date of injury pursuant to section 5411 was not made subsequent to
the notice of termination or layoff but prior to the effective date of such termination or layoff
(subsection (a)(10)(C)). Finally, applicant does not claim cumulative injury, obviating the
exception for a date of injury pursuant to section 5412 occurring on or after the notice of
termination or layoff (subsection (a)(10)(D)). Accordingly, applicant has not met the burden of
establishing that any of the exceptions available under section 3600(a)(10)(A)-(D) are applicable.