California's 4th District Court of Appeal has declined an invitation to weigh in on whether the Labor Code bars a worker from filing a cumulative trauma claim after he has separated from his employment.
In the writ petition she filed with the court last month in West Coast Drywall v. WCAB (Polanco), defense attorney Susan Silberman argued that "there is no such thing as a post-termination bar" for cumulative trauma claims because of the way the Workers' Compensation Appeals Board has been construing Labor Code Section 3600(a)(l0).
This statute provides that a work...
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