Montes, Rick

Applicant Rick Montes, an operations manager, alleged a specific injury to his left shoulder and hernia on either 8/24 or 8/25/2022, approximately five days before his termination from Zollner Electronics on 8/29/2022. The WCJ found the claim barred by the post-termination defense under Labor Code section 3600(a)(10) because the injury was not reported until after the notice of termination and no medical evidence existed prior to termination establishing the injury. Applicant, proceeding via DWC Form 45, filed a Petition for Reconsideration alleging all five grounds under section 5903 plus possible ineffective assistance of counsel, but failed to establish any ground or cite to the record. The WCAB dismissed the petition for failure to establish grounds under section 5903 and failure to make specific record citations under CCR sections 10945 and 10972, while also noting it would have denied on the merits adopting the WCJ's report.