Defense Victory: Successful Post-Termination Defense Under Labor Code § 3600(a)(10)

Case: Rick Montes v. Insperity PEO Services, L.P.

Forum: Workers’ Compensation Appeals Board (WCAB)

The Challenge: In this matter, the applicant alleged a work-related injury, but the claim was not reported until after the applicant had received notice of termination. Under California Labor Code Section 3600(a)(10), claims filed after a notice of termination or layoff are generally barred unless the applicant can prove specific exceptions—such as showing the injury was reported prior to the notice or that medical records existing prior to the notice evidenced the injury.

The Strategy: Brian Fleischer, Esq., of Sassano & Fleischer Attorneys at Law aggressively pursued a defense based on the post-termination bar. At trial, we demonstrated through evidence and witness testimony that there was no report of injury prior to the termination meeting. Despite the applicant’s contentions that the injury was mentioned during the termination process, our defense team effectively argued that the evidence did not support this claim and that no statutory exceptions applied to save the barred claim.

The Result: The Workers’ Compensation Administrative Law Judge (WCJ) issued a Findings and Order in favor of the defendant, ruling that the claim was barred under LC § 3600(a)(10).

The applicant subsequently filed a Petition for Reconsideration. We successfully defended the trial court’s decision, leading the Appeals Board to dismiss the petition. The Board upheld the WCJ’s credibility determinations, confirming that the defense had established a solid record that the injury was not reported until after the notice of termination.

Why This Matters: This “take-nothing” result underscores the importance of a meticulous investigation into the timing of an injury report relative to personnel actions. By holding the applicant to the strict evidentiary standards of the Labor Code, Sassano & Fleischer Attorneys at Law protected our client from liability for an untimely and unsubstantiated claim.