An uninjured worker files a claim on September 3, 2007 with a date of injury of August 29, 2007, and there is no documentation to support the injury while the worker was terminated May 30, 2007. What should you do?

An uninjured worker files a claim on September 3, 2007 with a date of injury of August 29, 2007, and there is no documentation to support the injury while the worker was terminated May 30, 2007. What should you do?

• A. Deny the claim
• B. Accept the claim
• C. Postpone the decision
• D. Request more evidence

Answer: (A)

In California workers’ compensation you must have an employment relationship at the time of the injury. If an employee is no longer working for the employer when the injury occurs, there is no coverage for that injury. Here, the injury date is August 29, 2007, but the worker was terminated on May 30, 2007. The injury occurred after they left the job, and there’s no documentation showing the injury happened while still employed. Because the injury did not occur in the course of the employee-employer relationship, the claim is not compensable. Therefore, the correct action is to deny the claim.

In California workers’ compensation you must have an employment relationship at the time of the injury. If an employee is no longer working for the employer when the injury occurs, there is no coverage for that injury.

Here, the injury date is August 29, 2007, but the worker was terminated on May 30, 2007. The injury occurred after they left the job, and there’s no documentation showing the injury happened while still employed. Because the injury did not occur in the course of the employee-employer relationship, the claim is not compensable. Therefore, the correct action is to deny the claim.