The Applicant was a 33-year-old, pick-up framer who alleged a specific injury when he fell from a ladder. The Applicant reported his claim for the first time immediately following notice of lay off. The claim was denied pursuant to the post-termination claim defense of Labor Code § 3600(a)(10). We met with employer witnesses and obtained the deposition of the Applicant. In light of the factual denial, we then proceeded straight to Trial on AOE/COE and avoided the costs and delay associated with obtaining a med-legal evaluation. Examination of the Applicant and three employer witnesses at Trial resulted in a finding that while the Applicant consistently identified in medical reporting and testimony that an alleged injury had occurred on the date in question, consistency does not in itself equate to a basis for a factual finding. Applicant’s claim was barred by Labor Code § 3600(a)(10) and Applicant takes nothing by virtue of his claim.
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