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PanelDenied

Jose Orozco — ADJ9391970, ADJ9391972

JOSE OROZCO, Applicant vs. KAREN KENT, an individual; USAA administered by LIBERTY/HELMSMAN MANAGEMENT SERVICES, INC.; and UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants

ADJ number: ADJ9391970, ADJ9391972
Decision date: Jul 29, 2021
District office: Van Nuys
WCJ: David Brotman
Claim administrator: Liberty/Helmsman Management Services, Inc. (administering USAA); Uninsured Employers Benefits Trust Fund
Commissioners: —

Injury / body parts: lumbar spine, both knees

LC §3600LC §3602LC §3706LC §4558LC §3208.3LC §5400LC §5411LC §5412

Summary

Applicant Jose Orozco, a laborer, claimed injuries to his lumbar spine and both knees while working for Karen Kent, an uninsured individual employer. Defendant raised an affirmative defense under Labor Code section 3600(a)(10), arguing the post-termination claim should be barred. The WCJ found the defense inapplicable because the credible testimony established that applicant voluntarily quit rather than being terminated; applicant initially claimed he was fired but later recanted, testifying he left because Kent yelled at him. The WCAB denied reconsideration, adopting and incorporating the WCJ's report and giving great weight to the WCJ's credibility determinations under Garza.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.