California Labor Code §3600(a)(10) provides employers and insurers a valuable defense when workers’ compensation claims are filed after an employee has received notice of termination or layoff. However, this post-termination defense is not absolute. Cumulative trauma (CT) claims, particularly those hinging on the “date of injury” under Labor Code §5412, can pose unique challenges. Below […]
Imagine that a worker is fired, laid off, or otherwise terminated by your company. What happens if that former employee, then turns around and files for workers’ compensation benefits on the grounds that they sustained a “psychiatric injury”—post-traumatic stress disorder (PTSD), anxiety, depression, etc.—while working for your business or organization? California law allows employers to […]
An employer may receive notice that a disgruntled former employee has filed a workers’ compensation claim alleging a psychiatric injury after being fired or laid off. However, the employer may not necessarily be liable for the claimed injury thanks to the post-termination defense pursuant to Labor Code Section 3208.3(e). The legislature has specifically enacted a […]
Imagine that you fired or laid off an employee. A few months later, you receive notice that the former employee has filed a workers’ compensation claim. Can they really do that? The short answer is ‘yes’—and it happens far more often than most people realize. At the same time, not all claims filed after termination […]
by Ricky Halladay Have you ever received notice of a workers’ compensation claim by an injured worker after they were terminated from employment? This is not a unique situation, and in fact, occurs more often than one would think. Labor Code section 3600(a)(10) states, when the claim for compensation is filed after notice of termination […]
