Mabe v. Mike's Trucking, 102898 KYWC, VEN 105613

• Case Date: October 28, 1998
• Court: California

JEFFREY MABE, Applicant, v. MIKE'S TRUCKING; CALIFORNIA INDEMNITY INSURANCE COMPANY, Defendants. No. VEN 105613 California Workers Compensation Decisions Workers’ Compensation Appeals Board State Of California October 28, 1998          OPINION AND DECISION AFTER RECONSIDERATION           RICHARD P. GANNON          Defendants Mike's Trucking and California Indemnity Insurance Company filed a timely, properly verified Petition for Reconsideration of a decision issued March 9, 1998. In that decision, the workers' compensation administrative law judge ("WCJ") found that applicant's claim for workers' compensation benefits is not barred by Labor Code section 3600(a)(10), notwithstanding the fact that he had quit his job prior to reporting his cumulative injury or seeking medical treatment. On June 2, 1998, we granted reconsideration to allow sufficient opportunity to further study the factual and legal issues in this case. Having completed our review, we now affirm the WCJ's decision for the reasons set forth below.          The material facts are not in dispute. Applicant voluntarily quit his job as a truck driver for defendant Mike's Trucking on February 7, 1997. Prior to quitting, he had neither reported an industrial injury, nor sought medical treatment for such injury. Subsequent to quitting his job, applicant claimed that during the period beginning in 1993 and ending February 7, 1997, he sustained injury to his back arising out of and occurring in the course of his employment with Mike's Trucking.          Defendants asserted that applicant's claim was barred by Labor Code section 3600(a) (10) (hereinafter "section 3600(a) (10)"), which provides:

" (10) Except for psychiatric injuries governed by subdivision (e) of Section 32 08.3, where 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:

" (A) The employer has notice of the injury, as provided under Chapter 2 (commencing with Section 5400), prior to the notice of termination or layoff.

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