Santos Lora, Leobardo

Applicant Leobardo Santos Lora claimed a low back injury on March 13, 2018, while working as a vineyard worker, allegedly when swinging a bar that struck a rock. Defendant denied the claim and the parties proceeded to trial solely on the post-termination affirmative defense under Labor Code section 3600(a)(10). The WCJ issued a Findings and Order finding applicant was injured in the course and scope of employment and that no notice of termination/layoff preceded the injury report. On reconsideration, the Board found that injury AOE/COE was never submitted as an issue, and no finding (or stipulation) of injury AOE/COE existed, making the post-termination defense inapplicable. The Board further found the only medical evidence (Dr. Smith's emergency report) did not constitute substantial evidence of industrial causation. The Board rescinded the F&O and remanded for development of the record on the AOE/COE issue.