JupiterPluto
Junior Member
CA
Worker’s Comp, Ca Labor Code 3600 (10)???
“the claim for compensation is filed after
notice of termination or layoff, including voluntary layoff, and the
claim is for an injury occurring prior to the time of notice of
termination or layoff, no compensation shall be paid unless the
employee demonstrates by a preponderance of the evidence that one or
more of the following conditions apply:” (None of the Conditions Apply)
Hi, does this labor code mean that one cannot file a new Workers’ Comp claim after the day of termination if they never reported the injury prior to being terminated?
I hired a laborer to do temporary gardening work and after I fired him, he filed a Worker’s Comp claim saying he was injured on his last day of work, the day he was fired. He was never injured (no witnesses), the claim was filed long after his termination date, and I was never notified until many months later. It will boil down to his word against mine and we are going to trial at the Workers’ Comp Appeals Board.
He has a medical report that says he was somewhat (18%) injured but it was taken 2 months after his last day and the day of his alleged injuries. He was also working other jobs while working for me. Is there some kind of document that verifies that someone was injured on a certain date and certain time in Workers’ Comp law? Like a police report? He never informed me of this injury within 30 days and I was never presented or signed any claims acknowledging his injury.
Does he need to prove that he was injured while working for me besides his testimony?
ThanksWhat is the name of your state?
Worker’s Comp, Ca Labor Code 3600 (10)???
“the claim for compensation is filed after
notice of termination or layoff, including voluntary layoff, and the
claim is for an injury occurring prior to the time of notice of
termination or layoff, no compensation shall be paid unless the
employee demonstrates by a preponderance of the evidence that one or
more of the following conditions apply:” (None of the Conditions Apply)
Hi, does this labor code mean that one cannot file a new Workers’ Comp claim after the day of termination if they never reported the injury prior to being terminated?
I hired a laborer to do temporary gardening work and after I fired him, he filed a Worker’s Comp claim saying he was injured on his last day of work, the day he was fired. He was never injured (no witnesses), the claim was filed long after his termination date, and I was never notified until many months later. It will boil down to his word against mine and we are going to trial at the Workers’ Comp Appeals Board.
He has a medical report that says he was somewhat (18%) injured but it was taken 2 months after his last day and the day of his alleged injuries. He was also working other jobs while working for me. Is there some kind of document that verifies that someone was injured on a certain date and certain time in Workers’ Comp law? Like a police report? He never informed me of this injury within 30 days and I was never presented or signed any claims acknowledging his injury.
Does he need to prove that he was injured while working for me besides his testimony?
ThanksWhat is the name of your state?