Timothy Tallant — ADJ11226393

Applicant Timothy Tallant, a bus driver, claimed industrial injury to his neck, arms, upper extremities, back, and shoulders arising from a minor auto accident on September 5, 2017. The WCJ found no industrial injury and that the claim was barred by the post-termination defense under Labor Code section 3600(a)(10), issuing a take-nothing order. The WCAB granted reconsideration to delete the post-termination bar finding, concluding there was insufficient evidence that applicant was terminated rather than having resigned. However, the Board affirmed the take-nothing order because applicant failed to present substantial medical evidence of industrial causation, and the WCJ found applicant not credible, largely due to his failure to disclose a prior right arm injury. The PQME's opinion that there 'may be some industrial cause' for a cervical strain did not meet the preponderance-of-the-evidence standard.