Frederick, Claudius

Applicant Claudius Frederick filed a 2023 application claiming a February 12, 2007 back injury while working as a sorter/checker for permissibly self-insured Federal Express. The WCJ found the claim barred by the statute of limitations and the post-termination defense under Labor Code section 3600(a)(10), ordering applicant take nothing, but also found defendant failed to prove laches or that applicant was not working on the injury date. On reconsideration, the WCAB panel granted the petition, holding that defendant never proved a termination occurred (offering only a 2005 employment agreement and payroll records), so the post-termination bar could not stand, and that applicant's testimony of a 'medical termination' and a written reprimand suggested defendant had notice of the injury that could toll the statute of limitations. The Board rescinded the F&O, substituted findings that defendant failed to prove laches and failed to prove applicant was not working on February 12, 2007, and deferred all other issues for development of the record.