Attorney: Carrie Dixon | Decision: September 10, 2026
The applicant, a forklift operator, claimed injury to his chest, neck, shoulders, arms, knees and stomach, plus headaches, after his forklift tipped forward during a night shift. He finished the shift, worked a full shift on his next scheduled day, and was terminated that evening. His DWC-1 was served two days after the termination. Because the claim was undisputedly filed post-termination, the burden shifted to the applicant to prove an exception under § 3600(a)(10). He relied on subdivision (A), arguing that the employer knew about the injury before he was notified of the termination. He testified that he told both his shift lead and the warehouse manager that his neck hurt right after the incident.
The case went to trial over three days, with testimony from the applicant and three employer witnesses: the third-shift lead, the warehouse manager and the HR manager. Each testified that the applicant never reported an injury or asked for treatment. The warehouse manager added that he asked the applicant whether he was okay and the applicant said he was fine. The HR manager testified that the applicant did not mention an injury at his termination meeting and hugged her on his way out, and the applicant confirmed this on the stand. The WCJ relied on panel decisions holding that the applicant bears the burden of proving the employer had notice before termination and that the WCAB must weigh witness credibility when notice is disputed. The WCJ found the employer witnesses’ collective credibility outweighed the applicant’s, found no pre-termination notice, and ordered that the applicant take nothing.”