Apparently the liberal construction mandate of Labor Code Section 3202 is still somewhat alive and well!
At least the Supreme Court must think so.
In this unpublished case, Arciga v. WCAB, the WCAB and then the Second District both originally turned down the worker's appeals following an initial determination that this was a post-termination situation in which the worker had filed a claim after being fired (strike number one), then waited more than 30 days to file a formal claim, contra Labor Code Section 5400 (strike number two).
Initially, the WCAB had affirmed the WCJ's decision to throw out the case, arguing that just because the worker complained of pain before being fired, one couldn't "leap" from such a vague mention of pain to that constituting putting the employer "on notice" of a work-related injury.
A review of the facts, however, shows that if ever a case existed for giving the benefit of the doubt to a worker - and tempering the harsh judicial treatment afforded her by the WCAB on reconsideration and the Court of Appeal's initial denial of her Writ, this is one. In fact, it screams for imposition of liberal construction:
The applicant was an unsophisticated seasonal worker. She'd never performed the tasks of pruning vines before. She complained of hand pain to her boss within the first 3 days of performing the work. Her foreman even provided her with tape for her hands so she could continue the pruning! Then fired her for not meeting production quotas!
Hello? ...said the Supreme Court, sending the case back to the Second District - which then said, well, maybe we should take another look, then sent the case back to the WCAB with the understatement: "All of the foregoing suggest the Board may have taken too narrow a view of WC coverage in this case."
To read the full opinion,
PLEASE CLICK HERE.
- Help for the Injured Worker
