Jesus Oseguera — ADJ13786644

Applicant Jesus Oseguera, a carpenter helper, claimed an industrial injury on August 26, 2020, when he fell after stepping on a pipe and struck the left side of his head and ear. The WCJ originally found injury to applicant's face, rejected the employer's post-termination defense under Labor Code section 3600(a)(10), and found applicant entitled to a Panel QME evaluation. Defendant petitioned for reconsideration, arguing the court applied the wrong legal standard on injury and the post-termination defense. The WCAB granted reconsideration, adopting the WCJ's report, and amended the decision to rescind the premature face injury finding (deferring all body parts) while otherwise affirming that the post-termination defense did not apply because the employer had notice of injury before the layoff.