What the panel ordered
The WCAB granted reconsideration, amended the F&A to include a finding that the post-termination affirmative defense does not apply, and affirmed the F&A as amended.
Defendant sought reconsideration of the First Amended Findings & Award issued by the WCJ on March 8, 2021, challenging the application of the Labor Code section 3600(a)(10) post termination defense.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Applicant resigned voluntarily, so the post-termination defense does not apply as there was no notice of termination or layoff by the employer.
From the decision · page 3employment was not terminated by defendant. In turn, there was no notice of termination or layoff.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant resigned from employment; there was no notice of termination or layoff by the employer.