Lee Sheppard — ADJ12683274

Applicant Lee Sheppard, a human services technician for the County of Kern, claimed psychiatric and left shoulder injury after his supervisor grabbed his arm and forcibly escorted him back to his workstation during a power outage on February 7, 2018. After the County issued a notice of proposed disciplinary action (proposing termination for alleged jury-duty wage theft) on August 28, 2018, applicant attended a Skelly hearing and voluntarily resigned on September 18, 2018, then filed his claim on September 26, 2018. The WCJ found injury AOE/COE and held the post-termination defense under Labor Code section 3208.3(e) inapplicable because no actual notice of termination was ever issued, and that the 'sudden and extraordinary' and employer-knowledge exceptions both applied. A majority of the WCAB panel denied reconsideration, adopting the WCJ's report. Commissioner Razo dissented, concluding the claim was barred as filed after notice of termination and that none of the exceptions applied.