Hugo Arriaza Zuniga — ADJ13190803

Applicant Hugo Arriaza Zuniga claimed a cumulative trauma injury to his neck, shoulders, wrists, back, and hips while working as a forklift driver/material handler from January 1, 2006 through December 20, 2019, when he voluntarily resigned. Defendant petitioned for reconsideration of the WCJ's First Amended Findings & Award, arguing the claim was barred by the Labor Code section 3600(a)(10) post-termination defense and that the F&A failed to address that defense. The WCAB granted reconsideration and affirmed the F&A as amended, adding a finding that the post-termination defense does not apply. The Board reasoned that the defense applies only where there is a notice of termination or layoff, and since applicant voluntarily resigned, no such notice existed. The Board further noted that even if the defense applied, there was no evidence applicant knew or should have known of a cumulative injury before leaving employment.