Yvette Daniels, a caretaker, alleged a slip-and-fall injury to her back, shoulder, and knee while employed by the Lois Freeman Living Trust (with Lance Freeman as employer). She was terminated on December 9, 2016, but did not file her claim until February 2018, with conflicting dates of injury (originally March 11, 2017, later amended to March 11, 2016, and testimony suggesting August 2016). The WCJ found the injury arose AOE/COE but concluded the claim was barred by the post-termination defense under Labor Code section 3600(a)(10) because applicant failed to prove the employer had notice of the injury before termination. The WCAB adopted the WCJ's report, gave great weight to credibility determinations, and denied reconsideration. The Board also addressed timeliness under the amended Labor Code section 5909, confirming it acted within 60 days of transmission.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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