Andrew Kamilchu — ADJ11580516

Applicant Andrew Kamilchu, an automotive detailer, was injured in a motor vehicle accident on June 27, 2018, and was terminated on July 26, 2018, after his employer learned through a third-party insurer (The General Insurance) that applicant was claiming an injury. The WCJ found injury AOE/COE based on the report of AME Dr. Stephen Abelow, awarded 21% permanent disability, temporary disability, and future medical care, and rejected defendant's post-termination defense under Labor Code section 3600(a)(10). Defendant petitioned for reconsideration arguing the employer lacked knowledge of injury before termination, that the WCJ failed to address applicant's credibility, and that Dr. Abelow's report relied on incorrect history. The WCAB denied reconsideration, adopting the WCJ's Report and Opinion except to correct that Dr. Abelow was an AME (not a PQME), noting the AME's opinion was properly relied upon. The Board found the employer's own testimony established knowledge of injury before termination, defeating the post-termination defense.